JUDGMENT G. S. AHLUWALIA, J. : – This Criminal Appeal under section 374 of Criminal Procedure Code has been filed against the judgment and sentence dated 19-5-2010 passed by 1st Additional Sessions Judge, Shivpuri in S.T. No. 209 of 2009 by which the appellant No. 1 has been convicted under section 302 of Indian Penal Code, whereas the appellant No. 2 Kaliya has been convicted under section 302/34 of Indian Penal Code and have been sentenced to undergo the Life Imprisonment and a fine of Rs. 1,000/- with default imprisonment of 3 months R.I.

2. The prosecution story in short is that on 3-6-2009, Pran Singh along with his mother Kasia, brought the injured Rajkumari to C.H.C., Kolaras in a burnt condition. On examination, her condition was found to be critical, therefore, she was referred to District Hospital, Shivpuri. An information was given to the police. The injured Rajkumari was attended by Dr. A. L. Sharma in District Hospital, Shivpuri. Accordingly, he requested the police authorities to arrange for recording the dying declaration of the injured. Naib Tahsildar Lokendra Shrivastava, recorded the dying declaration. The deceased Rajkumari succumbed to the burn injuries. The bod