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2013 Supreme(Online)(Chh) 306

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Shankar Bareth – Appellant
Versus
State – Respondent


Advocates:
For the Appellants/Petitioners: Rajkumar Gupta
For the Respondents: Madhu Nisha Singh

Table of Content
1. dying declaration and initial case facts. (Para 1 , 2)
2. arguments on the validity of the dying declaration. (Para 3 , 4)
3. analysis of the dying declaration's reliability. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. final outcome and ruling. (Para 12)

1. This appeal is directed against the judgment dated 6th of July, 2007 passed in Sessions Trial No. 270/2006 by the 8th Additional Sessions Judge (FTC), Bilaspur. By the impugned judgment, the appellant has been convicted under S. 302, I.P.C. and sentenced to undergo imprisonment for life and to pay fine of `300/- with default sentence of S. I. for 1 month.

2. The facts, briefly stated, are as under :"
Deceased - Sita Bai was wife of accused - Rajkumar (A - 2). They were residing in a separate house. Appellant - Shankar Bareth (A - 1) is father - in - law and Durpati Bai (A - 3) is mother - in - law of the deceased. The deceased sustained burn injuries in the intervening night of 18th - 19th of April, 2006. She was admitted in Chhattisgarh Institute of Medical Science (CIMS), Bilaspur at about 4.00 a.m. on 19-4-2006. An information was sent to the concerned police outpost and a dying declaration of the deceased was recorded b





















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