Another argument of Shri Bhatia is that the dying declaration as
well as the Dehati Nalishi have not been signed by the victim but have
been thumb marked. When a person has been burnt even though the
person may be asked it is not possible for that person to sign a
document and there is nothing unusual in getting it thumb marked. We
must also remember that PW-5 and PW-9 are a doctor and a NaibTahsildar,
respectively. They are independent witnesses. They have
no personal axe to grind. We cannot disbelieve their statements.
Nothing has been brought on record to show why these people should
tell a lie and why they should have created a false document with a
view to implicate the accused. The fact that Suresh was caught hold of
by the villagers and was brought to the hospital itself indicates that he
was at the spot and he has given no explanation in this regard.
24. Keeping in view all these facts, we are of the considered view that
the Learned Trial Court was fully justified in relying upon the dying
declaration (Ex.P-4).
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No.1063 of 2002
Dated : 29.9.2016
Suresh Purushottam,
v
State of Chhattisgarh,
Coram:
Shri Deepak Gupta, Chief Justice
Shri Justice P. Sam Koshy
Citation: 2017 CRLJ 91 Chhatis
