Daya Ram vs The State Of Madhya Pradesh

2. The present appeal arises out of FIR No. 86/1991 lodged on 19.12.1991 at 4:20 p.m. under Sections 341, 323, 325, 307 read with 34 IPC by the deceased – Ghansu himself.

Ghansu, in his F.I.R, stated that on 19.12.1991 he had gone to Ishanagar Police Station to file a Report against appellant No.1 ­ Dayaram Yadav for having beaten his son Chandu. On his way back from the Police Station, at about 3:00 p.m., near Nahar ki Puliya, both the accused viz. Dayaram and Parsu Yadav were hiding in the bushes with lathis. Both of them waylaid him started hitting the deceased with lathis on his head, hands, legs and body which led to severe bleeding. Ghansu fell unconscious. The accused assumed that the Ghansu had died, and threw his body into the canal, and fled from the scene. While Ghansu was in the water, he regained consciousness and cried for help. Ghansu stated that Chouda Chamar – P.W.9, Thakur Sunla Kumar, Lula Kumhar and Ramlal Kumhar reached the site of occurrence and rescued him. Ghansu stated that the beating was given with a motive to eliminate him completely.

3. Ghansu was taken to the Ishanagar Police Station where the F.I.R was lodged. Thereafter, he was taken to the Primary Health Centre, Ishanagar for treatment.

4. Ghansu was referred to the District Hospital, Chhattarpur due to his critical condition. He succumbed to his injuries at the Hospital.

6. The case was registered as Case No. 20/ 1992 before the Sessions Judge, Chhatarpur, Madhya Pradesh (Sessions Court).

In the statement of P.W.3 and P.W.4 before the Police, they deposed that when they rescued Ghansu from the canal, Ghansu told them that the present accused have injured him with lathis. The statements given by P.W.3 and P.W.4 were confirmed by the I.O – P.W.11.

7. The Sessions Court vide Judgment and Order dated 05.02.1994 convicted the Appellants for murder under Section 302 IPC and sentenced them to Life Imprisonment. The Sessions Court held that:

(v) The Sessions Court convicted the Accused /Appellant No.1 and Appellant No.2 under Section 302 IPC and sentenced them to Life Imprisonment.

The High Court dismissed the Appeal filed by the Appellants and affirmed the conviction of the Appellants under Section 302 of IPC and the sentence of Life Imprisonment.

10.1. The motive for the crime was established by the prosecution from the dying declaration of the deceased, and the deposition of the P.W.6 ­ son of deceased. Chandu – P.W.6 has deposed that, on the date of the incident, the Accused/ Appellant No.1 – Dayaram had abused and beaten him up and then picked up an axe to assault him, when he ran away. The assault took place since the buffaloes belonging to Chandu had got mixed up with the buffaloes of Appellant No.1 ­ Dayaram. Thereafter, Chandu – P.W.6 along with his father – Ghansu went to lodge a Report at the Ishanagar Police Station. While returning from the Police Station, appellant No.1 attacked his father with a lathi on his head, while Appellant No.2 attacked Chandu – P.W.6 on his hand with a lathi. P.W.6 then ran to inform Sullu and others about the incident. 9 P.W.6 – Chandu returned to the site of occurrence, and saw his father – Ghansu lying on a cot, surrounded by Sullu and Balwant Singh – P.W.4, who then took him to Ishanagar Police Station.

(iv) The dying declaration recorded by the Executive Magistrate ­ P.W19 and the F.I.R recorded by P.W16 are consistent and credible.

occurred at 3:00 p.m., and the F.I.R was lodged at 4:20 p.m. by the deceased. The distance between the Police Station and the site of occurrence is about 4 kilometres. The F.I.R was lodged with promptness and the appellants were named in the F.I.R along with details of their weapons.

indicated in the Maxim “Nemo Moriturus Praesumitur Mentire”, which means that a man will not meet his maker with a lie in his mouth. Thus it is clear that a dying declaration may be relating to :­

a) As to the cause of death of the deceased

9 (2009) 9 SCC 163.

In view of the aforesaid, the appeal fails and is hereby dismissed.