SANJAY Vs. STATE

JUDGEMENT

(1.) Of the 3 appellants, appellant No.1 Sanjay expired during pendency of the appeal while he was in Bangalore on 25.8.2009.

(2.) The appeal continues qua appellant No.2 and 3 and qua Sanjay it is apparent that proceedings have abated and none desire to prosecute the appeal on behalf of Sanjay for the sake of his reputation and honour. But, since the facts are intermingled, we shall be referring to the 3 appellants as and when necessary.

(3.) Vide impugned judgment and order dated 5.11.1998 Sanjay, his mother Satya Devi and his sister Baby have been convicted for the offence of having murdered Hukam Chand, the husband of Baby. The conviction has been sustained on the basis of the stated dying declaration Ex.PW-16/B purportedly made by the deceased and recorded by ASI Hem Raj PW-16 on 13.5.1997.