Judgment :

Dr. Arijit Pasayat, J.

Heard.

The present appeal is filed by the State of Rajasthan questioning the order passed by a Division Bench of the Rajasthan High Court, Jaipur Bench directing acquittal of the respondent. The respondent Ashfaq Ahmed faced trial for alleged commission of offence punishable under Section 302 of the India Penal Code, 1860 (in short IPC). Learned Additional Sessions Judge No. 3, Kota found the respondent accused guilty and convicted him for offence punishable under Section 302 IPC and sentenced him to undergo imprisonment for life.

The High Court by the impugned order directed acquittal.

The High Court noticed that the Parcha bayan (Ext. P1) purported to have been recored by the Investigating Officer Shri Rajendra Prasad (PW-23) was not a dying declaration and was not sufficient to hold the accused guilty particularly when the father of the deceased who was examined as PW 5 categorically stated that the deceased was not in a condition to make any statement. PW-23 admitted that there was no record to show that the Doctor opined that the deceased was in a condition to make a statement. PW23 only stated that he had taken the oral consent of the Doctor w