Shankar Ala vs The State Of Madhya Pradesh on 29 November, 2018
4. Shri Ayush Choubey, learned Amicus Curiae urged that the FIR was
lodged after two days from the date of incident. Thus, in view of ILR 2009
MP 2671 (Mangal Singh and others vs. State of M.P.), the story of
prosecution is unbelievable. Shri Choubey has taken pains to contend that in
the peculiar facts and circumstances of this case, it is totally unsafe to rely
on the dying declaration. He urged that admittedly there was no eye witness
to the incident. The dying declaration cannot be relied upon because it was
allegedly recorded when indisputably Seema had suffered 90% burn injuries.
He relied on the statement of Tulsiram (PW/4) who deposed that Seema after
the incident of burning became unconscious and remained unconscious till
her death. He also relied the statement of Dr. A. Hussain PW/14 who, on a
suggestion, opined that he cannot tell about the reason of death. Death may
be for either reason namely suicidal or homicidal. Shri Choubey read out
the dying declaration of Seema Bai reproduced in para 21 of impugned
Digitally signed by SAIFAN KHAN
Date: 30/11/2018 11:12:20
(3)
judgment and urged that the answer to question No.2 and question No.3
shows that there exists a serious inconsistency which indicates that Seema
was not in a fit state of mind. In this backdrop, her dying declaration cannot
be relied upon.