Dying Declaration--Recording of by police officer--Police could record the dying declaration only if Magistrate was not available or there was no time to requisition services of a Magistrate due to precarious condition of victim.

Mr. H.S. Madaan, J.:- Vide this judgment we intend to dispose of Criminal Appeal D-910-DB of 2010 filed by the accused-convict Jaspal Singh @ Jagpal Singh @ Kala and Criminal Appeal D-1060-DB of 2010 filed by accused-convict Bhagwant Singh against the judgment dated 5.8.2010 passed by the Sessions Judge, Sangrur vide which both of them were convicted and sentenced as follows:-

1.	Jaspal Singh
	Under Section 324/34 IPC	Rigorous Imprisonment for three years plus fine amounting to Rs.2,000/- and in default of payment of fine to undergo further rigorous imprisonment for two months
	Under Section 302/34 IPC	Imprisonment for life and a fine of Rs. 10,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year.
2.	Bhagwant Singh
	Under Section 324 IPC	Rigorous Imprisonment for three years plus a fine amounting to Rs. 2,000/- and in default of payment of fine to undergo further rigorous imprisonment for two months.
	Under Section 302	Imprisonment for life and a fine of Rs.10,000/- and in default of payment of fine to undergo further rigorous imprisonment for one year.

Substantive sentences were ordered to run concurrently.

2. Both the accused/convicts who are appellants before this Court pray that the appeals be accepted, impugned judgment of their conviction and sentence be set aside and they be acquitted of the charges framed against them.

3. Briefly stated, facts of the case as per the prosecution story are that complainant-deceased Jaswinder Kaur daughter of Gurcharan Singh of Jat community, resident of Village Nagri, P.S.Sadar Sunam, aged about 35 years, was married with Bhagwant Singh accused, a natural born son of late Lekh Singh and adopted son of Balkar Singh of Jat Community resident of village Bhato P.S. Bhawanigarh, about 13-14 years prior to the incident. The couple was blessed with two sons. Bhagwant Singh was addicted to taking liquor and he had sold three killas of his land about 5-6 years prior to the incident to fullfil his such vice. Complainant, Jaswinder Kaur, his wife had been dissuading him from doing so, which gave rise to quarrels between the husband and wife. Resultantly, Jaswinder Kaur along with her two minor sons was turned out of the matrimonial home by Bhagwant Singh, accused about four years prior to the incident and they started residing at parental place of Jaswinder Kaur.

4. Jaswinder Kaur had initiated litigation against her husband, seeking maintenance and for restraining Bhagwant Singh from disposing of the property in his name. The cases had been pending in different courts. On 25.8.2007 Jaswinder Kaur along with her mother Karnail Kaur had gone to the Court complex at Sangrur to attend hearing in the court of Sh. Sarbjit Singh Dhaliwal, the then Additional Chief Judicial Magistrate, Sangrur, in a maintenance case. Both of them were sitting in the court room, when Bhagwant Singh, (accused) along with his adoptive father Balkar Singh son of Gurbux Singh besides Jaspal Singh @ Kala son of Harbans Singh, resident of Bhato (accused) and one more person came there. They were sitting outside the court room. At about 3.30 in the evening Bhagwant Singh and Jaspal Singh @ Kala entered the court room, whereas Balkar Singh along with their associate was standing at the gate of the Court room, Balkar Singh gave an exhortation, at which Jaspal Singh @ Kala accused took Karnail Kaur in his grasp whereas Bhagwant Singh having a Kirpan (small sword) in his right hand stabbed Jaswinder Kaur in the abdomen besides inflicting injury on her backside. When Karnail Kaur tried to intervene and to snatch Kirpan from Bhagwant Singh to save Jaswinder Kaur, in the process, she received injury with the sword of Bhagwant Singh on her right hand. Both the injured raised ala