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2019 DIGILAW 3029 (RAJ)

Abhishek @ Pintu v. State

2019-12-16

ABHAY CHATURVEDI, SANDEEP MEHTA

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JUDGMENT 1. Heard. Perused the material available on record. 2. While pressing this application for suspension of sentences, learned counsel, Shri Gupta, representing the applicant-appellant, vehemently and fervently contended that the Parchabayan Exh.P/ 17 could not have been considered to be a dying declaration because the same is not certified by the doctor concerned. He urges that the certificate bears the date 15.02.2015, whereas the statement was purportedly recorded on 13.02.2015 and that is why the document is suspicious and cannot be relied upon. He, thus, urges that for lack of any other evidence to connect the appellant with the crime, he deserves to be enlarged on bail during the pendency of this appeal. 3. Per contra, learned Public Prosecutor vehemently and fervently opposed the submissions advanced by appellant's counsel. He drew Court's attention to the statement of the witness Bhanwar Singh-PW-19, who recorded the statement Exh.P/17 and urges that nothing was elicited in the statement of this quite witness, which can discredit the evidentiary worth of the document, which tentamounts to a dying declaration wherein the appellant is implicated as the assailant. He urges that in this Parchabayan, it is clearly recorded at the instance of deceased Smt. Durga that the appellant, who was in one sided love with her, stalked her on the way and poured some inflammable substance on her body and set her to fire. Learned Public Prosecutor submits that learned trial Court was absolutely justified in placing reliance on the Parchabayan and convicting the appellant for the charged offence under Section 302 IPC. At these submissions, he sought dismissal of this application for suspension of sentences. 4. We have given our thoughtful consideration to the submissions advanced at the Bar. After going through the impugned judgment and other material available on record, we are of the firm opinion that at this stage there is no reason so as to doubt or disbelieve the credit worthiness of the Parchabayan Exh.P/17 of the deceased, which was treated to be a dying declaration. In this statement, the deceased Smt. Durga has clearly attributed allegation against the appellant that he poured some inflammable substance on her person and then set her to fire, which ultimately proved fatal. 5. In this background, considering the nature and gravity of the offence, we are not inclined to accept his application for suspension of sentences 6. In this statement, the deceased Smt. Durga has clearly attributed allegation against the appellant that he poured some inflammable substance on her person and then set her to fire, which ultimately proved fatal. 5. In this background, considering the nature and gravity of the offence, we are not inclined to accept his application for suspension of sentences 6. Resultantly, the application for suspension of sentences is rejected as being devoid of merit.