(1.) Respondents No. 2 and 3 had faced trial in FIR No. 22 dated 3.4.2011 under Section 306 of the Indian Penal Code, 1860 (IPC for short) registered at police station Mehatpur District Jalandhar. The trial Court vide judgment dated 7.4.2012 ordered the acquittal of respondents No. 2 and 3 of the charges framed against them. Hence, the application under Section 378 (4) of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) has been filed by the applicant with a prayer for grant of leave to file an appeal against the judgment dated 7.4.2012.
(2.) Learned counsel for the applicant has submitted that the deceased had suffered a dying declaration before the Magistrate that she had committed suicide as respondents No. 2 and 3 were not giving them (deceased and her husband) their share in the property.
(3.) In support of his arguments, learned counsel has placed reliance on the decision of the Apex Court in Shaik Nagoor vs. State of A.P., 2008 2 RCR(Cri) 85, wherein, the principles governing dying declaration have been summed up as under:-
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