DEVI DATTA Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) WE are in entire agreement with the High Court that the evidence establishes clearly the complicity of the appellants in the murder of Kashmira Singh. However, we find it somewhat difficult to accept everything which Rani Devi, the daughter of Devi Datta, who is one of the appellants before us, has stated in her evidence. Not that we doubt that she saw the incident but there is some scope for not accepting her evidence in its entirety, especially that part of it in which she says that the fatal blow was given by Devi Datta who has been sentenced to death. We might mention that the High Court set aside the death sentence of the two other appellants and confirmed the death sentence of the appellant Devi Datta only.

(2.) WE , therefore, set aside the death sentence imposed upon the appellant Devi Datta also and sentence him like the other appellants to imprisonment for life.

(3.) THE appeal shall stand disposed of in terms of this order. .