UPENDER SAHNI Vs. STATE

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 06.09.1997 and the order on sentence dated 10.09.1997 whereby the Appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code ('Code') and was sentenced to undergo imprisonment for life and to pay the fine of 5,000/- or in default, to undergo Rigorous Imprisonment for a further period of one year.

(2.) A short question falls for consideration in this case. Whether the statement made on the ML Cs Ex.PW-1/A, PW-1/B and PW-22/A of the three deceased, namely, Vasanti, Ambika Devi and Kanti, can be said to be dying declarations, if so, whether the same were voluntary and truthful?

(3.) The facts of the case leading to the Appellant's prosecution have been detailed in Para 2 to 9 of the impugned judgment, the same are extracted hereunder: