(1.) THIS appeal arises out against the judgment and order dated 20-091999 passed by Additional Sessions Judge, Dehradun in ST. No. 58 of 1998 State Vs. Sumer Chand and others convicting the appellants under Section 302/34 IPC. and sentencing them for life imprisonment as well as fine of Rs. 5,000/- each and in fault of payment of fine further simple imprisonment of three months.
(2.) DURING the trial one of the accused Sumer Chand died, therefore, the case against him abated but the trial continued against the other appellants, namely, Smt. Chanda and Smt. Kusum who have filed the present appeal before the Court.
(3.) SMT . Chanda W/o Sri Ram Swarup submitted a written report at police station Dalanwala and on the basis of which a case was registered under Section 307 I.P.C. against all the three accused. The injured Tek Chand was admitted to the hospital where his dying declaration was recorded by. Tehsildar, Dehradun on 20-12-1997 at about 9:00 am. Tek Chand succumbed to his injuries; hence, the case was converted into under Section 302 IPC.