- (1.) IN the instant case, Smt. Laxmi was married with one Prem Prakash Saini resident of Muradabad, thirteen years ago. She had given birth to two sons, namely Rahul and Deepu. Prior to four -months of alleged occurrence, she was going from her parental house at Udaipur to the house of her in -laws at Muradabad. While undertaking rail journey, in the compartment of the train, the present appellant, namely Bunty @ Chaturbhuj met her. They fell in love. Bunty @ Chaturbhuj taken her away, along with her two children to Maharashtra. They stayed there for fifteen/twenty days. Thereafter, they took a room on rent at Ajmer and performed Court Marriage.
(2.) ON 02.09.2005 Smt. Laxmi was set on fire by the appellant. On the very same day i.e. on 02.09.2005 at 03:35 P.M. Bhanwar Lal (PW -15), who was then posted as A.S.I. at Police Station, Adarsh Nagar, Ajmer, recorded the statement of Smt. Laxmi (Exhibit -P/19).
(3.) THEREAFTER , the dying declaration, (Exhibit -P/12) on 02.09.2005 was recorded by Kailash Chandra Atwasia (PW -13), who was then posted as Judicial Magistrate, No.5, Ajmer. The Court of Additional Sessions Judge (Fast Track) No.1, Ajmer, vide its impugned judgment dated 11.05.2007, primarily relying upon the dying declaration, held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code. The trial Judge, having convicted the appellant, vide a separate order of even date, sentenced him to undergo life imprisonment and to pay a fine of Rs.1000/ -. In default of payment of fine to further undergo six months simple imprisonment. Aggrieved against the judgment of conviction and order of sentence pronounced by the trial Court, the appellant has instituted the present appeal under Section 374 of the Code of Criminal Proceduure, 1973. In the present case, the First Information Report, was registered on the basis of the statement (Exhibit -P/19) made by Smt. Laxmi before A.S.I. Bhanwar Lal (PW -15).;