JUMNI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE two questions for consideration and discussion relate to the value of the testimony of alibi witnesses and the severability of a dying declaration.

(2.) IN the present appeals,we are of the opinion that the testimony of the alibi witnesses of two of the four appellants deserves acceptance and the dying declaration so closely concerns all four appellants that it is not possible to sever the role of the sets of appellants,resulting in our giving the benefit of doubt to the remaining two appellants. The facts:

(3.) ASHA Devi was married at the age of 16 to Jagdish who was employed in the army.According to her father,Asha Devi lived with Jagdish for about one year and thereafter she lived in village Bhojpur in district Jagadhari,Haryana,in a one room tenement along with her two children aged 5 years and 1 1/2years.Her in - laws were staying in an adjacent tenement.There is no allegation or evidence of any matrimonial disharmony between Jagdish and Asha Devi who had been married for about nine years nor is there any allegation of any demand or harassment for dowry from Asha Devi.