SHANKAR DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellants laid challenge to the judgment of conviction and sentence passed by the learned trial Court in Sessions Case No. 10 -B/VII of 2002, decided on 4.8.2003, whereby the appellants hereinafter referred as 'the accused persons ', were sentenced to undergo rigorous imprisonment for a period of two years each and to pay a fine of Rs. 2,000/ - each for the offence punishable under Section 498 -A of the Indian Penal Code and also to undergo rigorous imprisonment for a period of three years each and to pay a fine of Rs. 3,000/ - each for the offence punishable under Section 306 of the Indian Penal Code. In default of payment of fine to further undergo simple imprisonment for six months each. Both the sentences were ordered to run concurrently.

(2.) IN brief, the prosecution story as born out from the record can be stated thus. The accused persons are the parents of DW1 Raj Kumar. Shri Raj Kumar aforesaid was married about ten years ago from the date of alleged incident to Rekha Devi (deceased), daughter of PW4 Suti Devi and PW5 Mast Ram.

(3.) THE learned trial Court disbelieved the version of the accused persons but while relying upon the dying declaration, convicted and sentenced the accused persons as aforesaid. Hence, the present appeal.