BHURI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Pravin Kumar Srivastava, Amicus Curiae, appearing on behalf of the appellant, Sri Ram Yash Pandey, learned A.G.A. along with Sri S. Ali Murtuza, Brief Holder for the State, and perused the record.

(2.) THIS appeal challenges the validity and correctness of the judgment and order dated 06.02.2008 passed by Additional Sessions Judge/F.T. Court No. 1, Jalaun at Orai in S.T. No. 38 of 2007: State Vs. Smt. Bhuri Devi & others.

(3.) ON the basis of averments made in the written report, G.D. entry was made and chick report was prepared registering case crime no. 607 of 2006 under section 306 IPC, P.S.-Kalpi, District-Jalaun on 16.6.2006 at 18.10 hours against the appellant. After lodging of the FIR, the investigation was taken up by S.I. Radhey Shyam Tiwari of P.S. Kalpi, District-Jaluan. It appears that vide Ex. Ka-7 is the dying declaration of Reena Devi (since deceased) before the Medical Officer, PHC- Kalpi, District-Jaluan. Her dying declaration recorded by Medical Officer, PHC-Kalpi, District-Jalaun, reads thus: