LAWS(SC)-2009-7-1

SHARDA Vs. STATE OF RAJASTHAN

Decided On July 29, 2009
SHARDA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE solitary question that arises for consideration in this appeal is whether any one of the three dying declarations of deceased Sarla, inspires confidence, to sustain conviction of appellant Sharda, her mother-in-law for commission of offence under section 302 of the Indian Penal Code and sentence of life imprisonment.

(2.) APPELLANT has been found guilty of commission of offence under section 302 of the Indian Penal Code and has been awarded life imprisonment by learned Additional District and Sessions Judge, Dungarpur. On D.B. Criminal Appeal No. 1071/2003 being filed by her in the High Court of Judicature for Rajasthan at Jodhpur, the same has been dismissed vide order dated 25-7-2007. Thus Judgment of conviction and sentence awarded by the trial Court has been affirmed. Hence, this appeal after grant of leave to the appellant.

(3.) ON getting the aforementioned information on 16-8-1999, P.W-22 Kishore Singh posted as ASI at the Police Station Sagwara rushed to the General Hospital. He reached there at about 9 O'clock at night. In the presence of PW-31 Dr. Gokul Prajapati, her first statement Exh. D-3 was recorded.