LAWS(SC)-2009-12-28

SHARDA Vs. STATE OF RAJASTHAN

Decided On December 15, 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 I.P.C. and sentence of life imprisonment.

(2.) Appellant has been found guilty of commission of offence under Section 302 of the IPC 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.) Thumb-nail sketch of the facts of the case is as mentioned hereinbelow:- Vinod Vyas was married to Sarla on 21.1.1991, almost 8 years prior to the date of occurrence, which had taken place on 16.8.1999 at the matrimonial home of the deceased.