JUDGMENT 1. - Instant appeal owes its origin in the judgment dated July 29, 2000 of earned Sessions Judge Kota in Sessions Case No. 158,'2000, whereby the appellant was convicted and sentenced as under:- U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 5000/- in default to further suffer rigorous imprisonment for two years. U/s. 307 IPC: To suffer Rigorous Imprisonment for five years and fine of Rs. 1000/- in default to further suffer rigorous imprisonment for six months. U/s. 452 IPC: To suffer Rigorous Imprisonment for one year and fine of Rs.500/- in default to further suffer rigorous imprisonment for three months. 2. It is the prosecution case that Bhooli Bai (now deceased who was admitted in the Govt. Hospital Kota on December 2, 1998 in an injured condition stated in the 'parcha bayan' (Ex.P28) that around 12 noon on the said date when she and her son were inside their house. Gopal (appellant) entered the house and inflicted knife blow on the abdomen of her son Rakesh. In order to save Rakesh when she intervened Gopal thrusted three knife blows on the left side of her abdomen, right side of chest and thumb. Police Station Mahaveer Nagar Kota on the basis of Parcha Bayan registered a case under Sections 452 and 307 IPC and investigation commenced. Bhooli Bai died on December 3, 1998 and case was converted under Section 302 IPC. After usual investigation charge sheet was filed and in due course the case came up for trial before the learned Sessions Judge Kota. Charges under Sections 302, 307 and 452 IPC were framed against the appellant, who denied the charge and claimed trial. As many as 16 witnesses were examined by the prosecution in support of its case. In the explanation under Section 313 Cr.P.C., the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. 3. We have heard the submissions and weighed the record. 4. A look at the post mortem report goes to show that the death of Bhooli Bai was homicidal. As per the testimony of Dr. Ashok Mundra (PW11), the deceased vide post mortem report (Ex P-15) sustained following ante mortem injuries:- "mouth semiopen, tongue inside mouth, blood stained discharge coming from moth & nostrils. 4. A look at the post mortem report goes to show that the death of Bhooli Bai was homicidal. As per the testimony of Dr. Ashok Mundra (PW11), the deceased vide post mortem report (Ex P-15) sustained following ante mortem injuries:- "mouth semiopen, tongue inside mouth, blood stained discharge coming from moth & nostrils. (1) Stitched wound 4cm long on base of Lt. thumb palmer aspect. (2) Incised wound 2 x 1/2cm X skin deep on back of Lt. little finger on PIP joint. (3) Stitched wound 4cm on Lt. lat side of chest lower part oblique (Lt. Lupochondrium). (4) Stitched wound 4cm on Rt. pectoral region medial to Rt. nipple (corrugated drain in situ) (5) Stitched wound (post operative) 18cm vertical in midline above umblicus. (6) Stitched wound (venesection) 3cm transverse on medial side of Rt. ankle. Cause of her death was shock as a result of antre mortem injury to spleen & stomach, which is sufficient to cause death in ordinary course of nature." 5. Dr. P.K. Tiwari (PW3) examined the injuries received by Rakesh (PW2) who vide injury report (Ex.P-5) received following injury:- Stab wound lateral aspect of chest/abdomen on right side 5cm x 0.8 X deep? With taling aspect with bleeding. 6. Coming to the testimony of Rakesh (PW2) we notice that in his deposition Rakesh (PW2) stated that the appellant around 12 Noon entered the house armed with knife and gave knife blow on the right side of his abdomen. One Har Dayal Mason made attempt to intervene but appellant threatened him, thereafter when his mother tried to save him the appellant repeatedly thrusted knife blows on her person. We find that the testimony of Rakesh could not be shattered in the cross examination. Hardayal Mason (PW8) deposed that on the fateful day around 12 Noon while he along with one Prithviraj were working on the roof he heard cries on going down of the roof he saw the appellant inflicting knife blows on the person of Rakesh and his mother. The appellant threatened him therefore he got himself out of the house. Nothing, that would help the appellant, could be extracted from the cross examination of Hardayal. 7. Shri R.K. Sharma (PW9) in his deposition stated that on the date of incident he was posted as Additional Civil Judge (Jr. Dn.) South Kota. The appellant threatened him therefore he got himself out of the house. Nothing, that would help the appellant, could be extracted from the cross examination of Hardayal. 7. Shri R.K. Sharma (PW9) in his deposition stated that on the date of incident he was posted as Additional Civil Judge (Jr. Dn.) South Kota. On the request of police station Mahavir Nagar Kota he recorded dying declaration (Ex.P-13) of Bholi Bai, in the MBS Hospital Kota. Bholi Bai at the time of recording the statement was in a fit state of mind. In the dying declaration Bholi Bai stated that the appellant inflicted knife injury on the person of Rakesh and when she intervened, appellant gave 2-3 knife blows on her body. Prithviraj Beldar (PW10) also corroborated the statements of Rakesh and Hardayal, Jagdish Prasad Yadav (PW13) stated that he was posted as SHO at Police Station Mahavir Nagar Kota. On receiving information about the incident he directed Heera Lal, ASI to proceed. Heera Lal recorded the parcha bayan of Bholi Bai on the basis of which FIR was chalked out and investigation commenced. At the instance of appellant Jagdish Prasad Yadav got recovered one knife and shirt stained with blood. Heera Lal ASI, (PW15) deposed that he recorded parcha bayan of Bholi Bai and submitted parcha bayan to police station Mahavir Nagar Kota. In his cross examination he stated that he made a written request to the Doctor who certified that Bholi Bai was in a fit state to give the statement. 8. It is contended by Amicus Curiae that since the Magistrate did not make any endorsement on the alleged dying declaration that Bholi Bai was in a fit mental state to give the statement, it could not have been relied upon. It is urged that looking to the nature of injuries of Bholi Bai it is difficult to believe that she was in a position to give statement to Heera Lal ASI or dying declaration to learned Magistrate R.K. Sharma. We are not impressed with the submission. We find from the testimony of learned Magistrate R.K. Sharma that Bholi Bai was physically fit to make the statement and the declaration was made voluntarily and truthfully. We are not impressed with the submission. We find from the testimony of learned Magistrate R.K. Sharma that Bholi Bai was physically fit to make the statement and the declaration was made voluntarily and truthfully. In Kanak Singh v. State of Gujarat (2003) 1 SCC 73 , their Lordships of Supreme Court indicated that if the declaration is made voluntarily and truthfully by a person, then there is no impediment to rely on such a declaration. Learned Amicus Curiae further urged that the appellant was falsely implicated in the case as Jagdish, husband of the deceased, was having illicit relations with appellant's wife. This submission, in our opinion, is also devoid of merit. Rakesh is an injured witness and his testimony has been corroborated by Hardayal and Prithviraj. There is no reason to disbelieve their evidence which is truthful and trustworthy. Learned trial Judge in the impugned judgment discussed the evidence in great detail and has rightly held that the appellant was guilty for committing the offence under Sections 302, 307 and 452 We find no infirmity in the judgment of learned trial Judge. 9. Consequently the appeal being devoid of merit stands dismissed.Appeal dismissed. *******