Dying Declaration - Once the dying declaration held to be fabricated and false document the appellants are entitled for acquittal.

Mehtab S.Gill, J.

1. We will be deciding Criminal Appeal Nos. 116-DB of 2003 and 153-DB of 2003 as they arise out of a common judgment/order. Appellants Satpal son of Chander, Deepak son of Satpal and Sahi Ram son of Chander were convicted by the Additional Sessions Judge (Fast Track Court), Sonepat on 23/24-12-2002 and sentenced to undergo rigorous imprisonment, for a period of five years and to pay a fine of Rs. 1000.00 each, in default of payment of fine, to further undergo rigorous imprisonment, for a period of one month each under Section 452, IPC. Life imprisonment was awarded to the appellants under Section 302 read with Section 34, IPC and to pay a fine of Rs. 2000.00 .

2. The case of prosecution is unfolded by the statement Ex.PG (dying declaration) of Rameshwar son of Raghubir Singh Tyagi, made on 4 8-1999 at 6.15 p.m. to Baljit Singh ASI PW-14, at C.H.C. Ganaur. Rameshwar stated that he was sleeping in his kotha (room) of his tubewell, in his fields. At about 2 p.m. Satpal, Sahi Ram sons of Chander and Deepak son of Satpal, all residents of village Ghasauli came there. Sahi Ram was armed with a Saria (iron rod). Depak was armed with a knife and Satpal was armed with a Farsa. Sahi Ram gave a Saria blow on the cot, Satpal gave a Farsa blow on his right leg and Deepak gave a knife blow on his left thigh. Thereafter, Sahi Ram gave 2/3 Saria blows on his foot and back. He raised an alarm. Radhe son of Bhaiya Ram Tyagi came there and rescued him, from the assailants. The three accused then fled away towards the village, along with their weapons. They gave a threat to him that he has been saved, but on the next opportunity, he would be killed. Rameswar further stated that injuries were inflicted on him inside the kotha (room), of the tubewell. Injuries were inflicted due to past enmity. On the basis of this statement, formal FIR Ex.PG/1 was recorded on the same day at Police Station Ganaur at 6,30 p.m. Special report was delivered to the Duty Magistrate at 12 p.m. (mid night) on the same day. Rameshwar after giving his statement died any time between 6/7 p.m. on 4-8-1999.

3. Prosecution to prove its case brought into the witness box PW-1 Constable Gopi Chand, PW-2 H.C. Raj Kumar, PW-3 Dr. Suman Mathur, PW-4 Mahender Singh S. I., PW-5 Ranbir Singh, PW-6 UGC Lachhman Singh, PW-7 Dr. J. B. Sharma, PW-8 S.I. Ram Mehar, PW-9 Radhe, PW-10 Parveen Kumar, PW-11 Pawan Kumar, PW-12 Sushil Kumar, PW-13 Shardha Nand and PW-14 ASI Baljit Singh.

4. Learned Counsel for the appellants has assailed the dying declaration Ex.PG. He has argued that there are grave infirmities in the dying declaration. In fact Rameshwar was not in a fit state of mind to make a statement and document Ex.PG has been fabricated by ASI Baljit Singh PW-14, the Investigating Officer.

5. As per the prosecution, ruqqa Ex.PE dated 4-8-1999 showing Rameshwar to be admitted in the hospital at 4 p.m. was sent by the Medical Officer, C.H.C. Ganaur, to the S.H.O. of Police Station Ganaur. Application Ex.PF made by Baljit Singh ASI PW-14 to the Medical Officer, C.H.C. Ganaur for his opinion, as to whether Rameshwar was fit to make a statement is dated 4-8-1999, but no time is given. The doctor in his opinion Ex.PF/1 has stated that Rameshwar was fit for statement and patient is referred to C.H. Sonepat. No time has been recorded, as to when Rameshwar was referred to C. H. Sonepat. Though the doctor has stated that Rameshwar is in a fit state of mind to make a statement, but at the same time, strangely he has referred him to C. H. Sonepat. Medico legal report Ex.PD shows that the date and hour of the arrival of Rameshwar in C.H.C. Ganaur is 3.45 p.m. on 4-8-1999 in column (A). Thereafter, it shows that Rameshwar was referred to C. H. Sonepat In Column (D). In Column (E), no name was mentioned as to who brought Rameshwar to the hospital. Learned Counsel for the appellants has vehemently argued, that Dr. J. B. Sharma PW-7, who examined Rameshwar, tampered with the Medic