- (1.) FOLLOWING judgment of the Court was delivered by Sunil Kumar Sinha, T. 1. This appeal is directed against the judgment dated 10th of July, 2001 passed in Sessions Trial No. 352/99 by the Sessions Judge, Raipur, District Raipur (CG). By the impugned judgment, the appellants have been convicted u/S 302 IPC and sentenced to undergo imprisonment for life.
(2.) THE facts, briefly stated, are as under: - 2.1 The appellants are in -laws of deceased - Mamta. Mamta (deceased) was married to their son on 19.4.1998. She was residing with the appellants and her husband. On 26.5.1999 at about 10.00 a.m. Mamta (deceased) was present along with the appellants in their house. Her husband, as usual, had gone on his work. Appellant No.1 was in habit of drinking. He used to deposit money with the deceased. On the fateful day, he demanded money from the deceased. The deceased became angry and torn the currency notes. The allegations are that on such behaviour of the deceased, the appellants became angry. Appellant No.l poured kerosene on the deceased and appellant No.2 lit the match -stick and set her on fire. On hue and cry many persons gathered there and took the deceased to the Medical College Hospital, Raipur, where she was examined by Dr. Pratiksha Chauhan (PW -10). The attendants of the deceased, being unsatisfied, shifted her to MM1 Hospital, Raipur in the evening. There she was examined by Criminal Appeal No. 764 of 2001 Dr. M.L. Jain (PW -7). Mamta (deceased) had sustained 50% burn injuries. She was admitted in the MMI Hospital. During this period her dying declaration (Ex. -P/3) was recorded by the Executive Magistrate, K.G.S. Chandel (PW -3) at 6.30 p.m. on 27.5.1999. She made positive allegations against the appellants. 2.2 Mother of Mamta (deceased), Smt. Rukmani (PW -1), after hearing about the incident, also reached to the MMI Hospital, Raipur. She was regularly attending her. Mamta (deceased) had made oral dying declaration to her mother also. 2.3 Mamta (deceased) died during course of her treatment on 11.7.1999. The death was intimated to the police. Inquest (Ex. -P/2) was prepared and the dead body was sent for postmortem. The postmortem examination was conducted by Dr. Sanjay Dadu (PW -8). He opined that the cause of death was cardio respiratory failures as a result of burns and its complications and it was homicidal in nature. Postmortem report is Ex. -P/16. 2.4 The case of the prosecution was based on the dying declaration (Ex. -P/3) made by the deceased to the Executive Magistrate, K.G.S. Chandel (PW -3) as also the oral dying declaration made to her mother (PW -1). The Sessions Judge mainly relied on the dying declaration (Ex. -P/3) made to the Executive Magistrate (PW -3) and held that it was proved beyond all reasonable doubts that the appellants had committed murder of the deceased in the above manner, therefore, they were liable for punishment u/S 302 IPC. The appellants, thus, were convicted and sentenced as above. Hence this appeal.
(3.) WE have heard counsel for the parties. Mr. Bhaduri had contended that the dying declaration (Ex. -P/3) was recorded in MMI Hospital, Raipur, whereas the Executive Magistrate (PW -3) in Para -1 of his evidence has stated that it was recorded in Medical College Hospital. This creates a doubt on the dying declaration.;