Kanwaljit Singh Ahluwalia, J. - (1.) BY this common judgment, D.B. Criminal Appeal No. 1150/2008, preferred by Rammohan, D.B. Criminal Appeal No. 1088/2008 instituted by Heera Lal, Kaluram and Pappuram, D.B. Criminal Appeal No. 122/2009 filed by Siyaram and D.B. Criminal Appeal No. 58/2010 preferred by Prakash @ Omprakash, shall be decided together.
(2.) AS per prosecution case, on 20th of August, 2007 at 09:00 A.M. one Sriyaram s/o Dhanna sustained 95% burn injuries at his house, situated at Village Tan -dhularaoji, falling within the jurisdiction of Police Station, Jamwaramgarh. Sriyaram succumbed to the burn injuries on 21.08.2007 at 05:55 A.M. and died at S.M.S. Hospital, Jaipur. The case of prosecution is based upon two Dying Declarations made by Sriyaram (deceased). The first dying declaration (Exhibit -P/1) is statement leading to registration of case and same was recorded by Santosh Kumar Chalke, a young Police Officer, who was then posted as Additional Superintendent of Police, Jaipur Rural; this statement of complainant, who died later was duly attested by Dr. Rambabu Garg (PW -6). Subsequent dying declaration (Exhibit -P/6) was recorded by Vikram Singh (PW -12), Judicial Magistrate, 1st Class, Jaipur District Jaipur, after Doctor had declared Sriyaram (deceased) fit to make statement.
(3.) THE Court of Additional Sessions Judge (Fast Track), No. 1, Jaipur District Jaipur, vide its impugned judgment dated 04.10.2008, convicted accused -appellants, namely Heera Lal, Rammohan and Prakash @ Om Prakash for commission of offence punishable under Section 302 of Indian Penal Code. Whereas remaining three accused -appellants, namely Kaluram, Pappuram and Siyaram were convicted for offence punishable under Section 302 read with Section 149 of Indian Penal Code.;