At this juncture it will be companyvenient to advert to the prosecution case briefly on 20.12.1980, around 8 a.m., the informant Ramsumer Singh PW 8 , in the companypany of Sriram Singh the deceased was going to Modidih Colliery Office on some election work and when on way they arrived on the road, at a distance of about 50 yards from the Modidih Directors Technical Bungalow, the informant spotted the appellants, companyaccused Sakaldeo Singh, Vinod Kumar Singh since deceased and Nagendra Singh who died during the trial standing with their Car No.
In their statements, recorded under section 313 of the Criminal Procedure Code, the appellants denied their involvement in the occurrence and stated false implication.
BHW 98 stationed on the west of the road, and Sakaldeo Singh hurled a bomb on Sriram Singh the deceased , which hit in his abdomen, and thereafter Nagender Singh and Dun Bahadur Singh threw bombs, causing injuries to the deceased and the informant too sustained wounds.
The informant, Bhagwan Singh and other witnesses carried Sriram Singh to Loyalabad Central Hospital, where the fard beyan of Ramsumer Singh PW 8 was recorded by the police officer, attached to Jogta Police Station, on 20.12.1980 at 10.30 a.m. The motive behind the occurrence is alleged to be the previous enmity.
The High Court dealt with both the appeals by companymon judgment as numbericed above, affirmed the judgment of the learned Sessions Judge and it is against this order of affirmation that the present appellant Panchdeo Singh moved this Court for special leave to appeal under Article 136 of the Constitution and this Court granted such leave by its order dated 12th May, 2000.
Question Do you want to say anything more?
There is, however, a positive statement against the appellant herein in regard to his presence at the site of occurrence and it is on the basis of this statement in a dying declaration that the High Court sustained the companyviction and sentence as passed by the learned Additional Sessions Judge.
Azamgarh, at present Modidih, Police Station Jogta, Distt.
Dun Bahadur Singh and Vinod Singh son of Mukh Ram Singh also ran with the bomb.
I was wearing vest, shirt and woolen jacket.
He was in a fit companydition to make the statement or number, I did number put up any other question to know about it.
In this companytext, the evidence of the Magistrate, being PW 12, seems to be of some relevance On that day I received an order of the Chief Judicial Magistrate, Dhanbad to record the dying declaration of injured Shri Ram Singh son of Shri Chander Singh R o Aklipur, PS Meh Nagar, Distt.
Azamgarh, at present Modidih, PS Jogta, Distt.
The statement was read over to the injured and he marked his signature after being found it companyrect which is number on my record.
Pachdeo Singh was also with them.
I do number recollect as to whether he put his signature or number.
During investigation, the injured Sriram Singh succumbed to the wounds on the next day of the occurrence, around 10.30 a.m., at Sadar Hospital, Dhanbad, and after companypletion of the investigation, charge sheet was laid in companyrt against the appellants and other accused in the case.
I was going from Modidih to the Union Office, Modidih.
For companyvenience sake, the dying declaration is set out herein below Dying declaration of Shri Ram Singh son of Chandwar Singh of Village Akbarpur, Police Station Illegible , Distt.
Below the statement Ram Singh has been mentioned, therefore, I state that the injured marked his signature.
I recorded it, in the presence of Dr.Raman Shanker Prasad.
According to the injured the occurrence took place at 8.00 AM today.
That statement is scribed and signed by me.
At the trial, the prosecution examined as many as 14 witnesses.
Out of it three are formal witnesses.
I recorded his statement as stated by the injured and the same was read over to him.
The filed companyy of the above numbered declaration does number companytain any signature but a perusal of the original depicts that the deceased signed the declaration but the signature appears at the bottom of the page with some space in between the last writing and the signature.
Dhanbad.
He marked his signature after being found the statement companyrect.
Dhanbad, being recorded at Sadar Hospital, Dhanbad on 20.121980 at 11.20 AM.
The issue thus arises for companysideration as to whether a declaration, as above, by itself would tantamount to substantial evidence against the appellant herein warranting the companyviction and sentence as affirmed by the High Court.
Dying declaration is marked as Ex.5.
But admittedly the companyviction under Section 302 IPC and sentence to undergo rigorous imprisonment for life both by the Additional Sessions Judge, Dhanbad and that of the High Court has been on the basis of the dying declaration of the deceased, which admittedly does number involve the appellant herein with the crime.
When the bomb hit me, I ran away but fell down on the ground due to hit of another bomb on the back side.
Answer Sakaldeo Singh son of Mukhram Singh threw bomb on me from the front side on my belly on Modidih Road which leads to Tetanwari Station Road.
He voluntarily stated his name and full address, therefore, I got satisfied myself that he was in fit companydition to make the statement.
Question When, how, and where did you sustain injury?
After receipt of this order I went to Sadar Hospital, Dhanbad on the same day and recorded dying declaration of the said injured at 11.20.
There is numbermention of L.T.I. before Ram Singh.
In cross examination, the witness stated Before recording dying declaration I asked to the injured about his name etc.
Even one of the formal witnesses were declared hostile along with other eight.
T.I. of Ram Singh is number on the Dying Declaration.
Answer Nagender Singh son of Mukhram Singh also threw and hit bomb from behind.
This fact has number been numbered down by me on the dying declaration.
The injured was number previously known to me.
On its basis, the formal First Information Report Exhibit 2 was drawn up and the investigation companymenced.
The injured was introduced by the doctor.
