In her 313 Cr.
Consequent to which it is stated on 8th of October, 1998 at about 2.30 p.m. the appellant poured kerosene oil on Vidya Bai and burnt her.
1873 of 2000 whereby the High Court dismissed the appeal of the appellant filed against the judgment of the Sessions Judge, Raipur, Madhya Pradesh in Sessions Trial No.412 of 1998 the appellant has preferred this appeal before us.
P.C. statement the appellant took the specific defence that at the time of the mishap she was preparing incense sticks and came to know about burns suffered by the deceased she also went to extinguish the fire and she had number poured any kerosene oil and set Vidya Bai on fire.
It is the further case of the prosecution that on 12.10.1998 when she regained companysciousness a statement was recorded as per Ex.
P/9 by PW.11, G.S. Gaharwar which was treated as the first information for registering a crime.
It is also stated that on the very same day as per Ex.
The prosecution in support of its case examined 19 witnesses, while defence in support of its case examined three witnesses.
It is the further case of the prosecution that later in the evening of 12th October, 1998 at about 4.30 p.m. on a request made by the police to the Tehsildar Executive Magistrate to record the dying declaration of Vidya Bai, PW.12, K.K. Bakshi, came to the hospital and recorded Ex.
Though the police were informed of this incident, they were unable to record any statement of Vidya Bai since she was number in a position to do so.
P/11 another dying declaration of the said Vidya Bai.
SANTOSH HEGDE, J. Being aggrieved by the judgment of the High Court of Judicature Chhattisgarh made in Criminal Appeal No.
She also companytended that at the instance of the mother of the deceased in her dying declaration deceased had falsely implicated her.
D/4 the said witness PW.11 also recorded another dying declaration.
