CHANDA AND ANOTHER Vs. STATE

JUDGEMENT

(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.