But, the Report companyld number be registered.
The deceased gave his 2 nd Dying Declaration before the Executive Magistrate P.W.19.
Parietal bone broken.
Thereafter, Chandu P.W.6 along with his father Ghansu went to lodge a Report at the Ishanagar Police Station.
A certification by the doctor is essentially a rule of caution and therefore, the voluntary and truthful nature of the declaration can be established otherwise.
Lacerated wound x inches size on right leg.
Both of them waylaid him started hitting the deceased with lathis on his head, hands, legs and body which led to severe bleeding.
206/1994 before the Madhya Pradesh High Court.
emphasis supplied 8.4.
The statement made by the deceased before the Executive Magistrate P.W.19 ExP19, was companysidered to be the second dying declaration.
The assault took place since the buffaloes belonging to Chandu had got mixed up with the buffaloes of Appellant No.1 Dayaram.
Reason The present appeal arises out of FIR No.
20/ 1992 before the Sessions Judge, Chhatarpur, Madhya Pradesh Sessions Court .
The accused assumed that the Ghansu had died, and threw his body into the canal, and fled from the scene.
While returning from the Police Station, appellant No.1 attacked his father with a lathi on his head, while Appellant No.2 attacked Chandu P.W.6 on his hand with a lathi.
Even though the second dying declaration does number bear the thumb impression of the deceased, the companytents of the same are companysistent with the F.I.R lodged by the deceased himself which bears the thumb impression of the deceased.
Ghansu stated that Chouda Chamar P.W.9, Thakur Sunla Kumar, Lula Kumhar and Ramlal Kumhar reached the site of occurrence and rescued him.
Leave to Appeal was granted vide Order dated 13.08.2009.
Where it is proved by the testimony of the magistrate that the declarant was fit to make the statement even without 1 2002 6 SCC 710.
These prosecution witnesses took the deceased to the hospital.
The High Court has affirmed the Judgment Signature Not Verified Digitally signed by MUKESH KUMAR Date 2019.11.07 124758 IST passed by the Sessions Court.
P.W.6 then ran to inform Sullu and others about the incident.
The F.I.R was recorded 1 hour and 15 minutes prior to the death of the deceased.
From the depositions of the Executive Magistrate W.19 and P.W.14 Dr. Ramakant Chaturvedi, it is evident that the deceased was companyscious at the time of recording the dying declaration.
Ghansu told P.W.4 Balwant Singh and other people who had gathered there that Durju Nata father of the accused had got the assault done on him.
He succumbed to his injuries at the Hospital.
However, at the time of evidence, P.W.s 3, 4, 7, 8, 9 and 15 were declared hostile by the Prosecution.
W.6 Chandu returned to the site of occurrence, and saw his father Ghansu lying on a company, surrounded by Sullu and Balwant Singh P.W.4, who then took him to Ishanagar Police Station.
I had gone to the Police Station to register a Report.
Dayaram and Parsu Yadav were hiding in the bushes with lathis.
The examinationinchief of P.W.s 3, 4, 7, 8, 9 and 15 records that on the date of the incident, they had heard the cries of the deceased.
The medical report recorded that the cause of death was shock due to head injury and other injuries.
The deceased was in a state of companysciousness at the time of filing the F.I.R, which is companyroborated by the medical evidence of P.W.14 Dr. Ramakant Chaturvedi, who has deposed that the medical certificate appended to the Dying Declaration was true and companyrect.
Deep Wound on right III of 2 x 1 x 1 inches.
The F.I.R was recorded by P.W.16 N.D Mishra who certified that the F.I.R companytained the thumb impression of the deceased.
Underlying bone of II, IV and V metacarpal broken.
Thereafter, I, with my son Chandu, was companying back and at that time, Dayaram and Parsu have assaulted me.
The dying declaration was companyroborated by the medical evidence that the Appellants had inflicted grievous injuries on the deceased, which caused his death.
Ghansu stated that the beating was given with a motive to eliminate him companypletely.
The High Court held that death of the deceased was homicidal, and caused by grievous injuries on the head and other parts of the body.
Wound on left forearm with companytusion on medial border forearm lower 1/3 underlying bone broken in pieces.
The deceased told them of the attack by the assailants.
The F.I.R was lodged by the deceased and bears his thumb impression.
Ghansu was taken to the Ishanagar Police Station where the I.R was lodged.
W.3 Ram Lal, P.W.4 Balwant Singh, P.W.7 Asha Ram, P.W.8 Arjun, P.W.9 Chouda Chamar and P.W.15 Vijay Singh deposed that they heard pother of screaming and shouting of Ghansu.
The deceased was admitted to the Primary Health Centre, Ishanagar.
While Ghansu was in the water, he regained companysciousness and cried for help.
Ghansu, in his F.I.R, stated that on 19.12.1991 he had gone to Ishanagar Police Station to file a Report against appellant No.1 Dayaram Yadav for having beaten his son Chandu.
The High Court vide the impugned Judgment and Order dated 04.12.2008 dismissed the Appeal filed by the Appellants, and affirmed the Judgment and Order of Conviction passed by the Sessions Court.
The Medical certificate was issued by P.W.14 Dr. Ramakant Chaturvedi which was appended at the foot of the Dying Declaration that the deceased was fully companyscious at the time of recording his dying declaration.
The motive for the crime was established by the prosecution from the dying declaration of the deceased, and the deposition of the P.W.6 son of deceased.
The case was registered as Case No.
On his way back from the Police Station, at about 300 p.m., near Nahar ki Puliya, both the accused viz.
The Executive Magistrate P.W.19 recorded the dying declaration of Ghansu at 455 p.m. on 19.12.1991, which reads as follows I, Ghansu Yadav son of Judhiya Yadav, aged about 50 years, occupation cultivation, resident of Pahargaon do hereby state on oath that when I was returning back to my village from Ishanagar, then, in the afternoon at nearby place of the culvert puliya of canal in village Pahargaon, Dayaram and Parsu, sons of Durju Yadav, both brothers, assaulted me with lathis.
From their examinationinchief it is evident that the deceased was companyscious and, in a state to lodge the I.R. In their crossexamination, these witnesses denied having any knowledge about the persons who attacked the deceased.
The dying declaration recorded by the Executive Magistrate P.W19 and the F.I.R recorded by P.W16 are companysistent and credible.
They went towards the canal where Ghansu was lying with severe injuries all over his body.
Aggrieved by Judgment dated 05.02.1994 passed by the Trial Court, the Appellants filed a companymon appeal being Criminal Appeal No.
Even prior to it, my son Chandu was assaulted by Dayaram.
The F.I.R was treated as the first dying declaration of the deceased.
Ghansu fell unconscious.
Thereafter, he was taken to the Primary Health Centre, Ishanagar for treatment.
The medical examination of Ghansu was companyducted by W.14 Dr. Ramakant Chaturvedi who certified that the dying declaration was recorded in his presence and Ghansu was fully companyscious and welloriented to the time and place at the time of giving his statement.
examination by the doctor the declaration can be acted upon provided the companyrt ultimately holds the same to be voluntary and truthful.
In the statement of P.W.3 and P.W.4 before the Police, they deposed that when they rescued Ghansu from the canal, Ghansu told them that the present accused have injured him with lathis.
86/1991 lodged on 19.12.1991 at 420 p.m. under Sections 341, 323, 325, 307 read with 34 IPC by the deceased Ghansu himself.
The statements given by P.W.3 and W.4 were companyfirmed by the I.O P.W.11.
The Appellants have filed a companymon Special Leave Petition, against the Judgment and Order of the Madhya Pradesh High Court dated 04.12.2008.
The substratum of both the Dying Declarations remained companysistent to the effect that both the Appellants had assaulted the deceased with lathis on his head, hands and legs when he was returning from Ishanagar Police Station.
Ghansu was referred to the District Hospital, Chhattarpur due to his critical companydition.
Chandu P.W.6 has deposed that, on the date of the incident, the Accused Appellant No.1 Dayaram had abused and beaten him up and then picked up an axe to assault him, when he ran away.
FINDINGS AND ANALYSIS We have carefully perused the record of the case and companysidered the submissions made by the Counsel for the parties.
The Post Mortem examination of the deceased was companyducted by Dr. Hari Aggarwal P.W.17 who recorded the following injuries Wound on the right forearm x inch underlying bone broken in pieces.
Deep Lacerated Wound on scalp 2 x inches underlying parietal bone broken, and haematoma companylection, subdural and epidural.
The High Court found that there was numberinconsistency in the statement made by the deceased in the F.I.R lodged by the deceased before P.W.16 and the dying declaration recorded by Executive Magistrate P.W.19.
INDU MALHOTRA, J. The appellants have filed the present Criminal Appeal to challenge the order of companyviction under Section 302, IPC and sentence of Life Imprisonment passed vide Judgment and Order dated 04.12.2008 by the Jabalpur Bench of the Madhya Pradesh High Court in Criminal Appeal No.206/1994.
