(1.) Appellant- Joginder Singh (hereinafter to be referred to as 'accused') S/o Sh. Shiv Lal after having been convicted vide impugned judgment dated 03.07.2009 of learned Additional Sessions Judge, Doda for the charge of Section 302 Ranbir Penal Code is before us through Cr. Appeal No.40/2009. He has been sentenced to undergo rigorous imprisonment for life and also to pay fine to the tune of Rs.10,000/-. However, the sentence slapped upon him is subject to confirmation of this Court. As such, Confirmation No.14/2009.
(2.) Mst. Goran Devi, mother of accused Joginder Singh, who was- also charged alongwith him for the offences punishable under Section 302/109/498-A RPC stands acquitted by the trial Court. State has not preferred any appeal against the acquittal earned by her.
(3.) Babli Devi, wife of accused-Joginder Singh, is the deceased in this case, who after receiving burn injuries on the night intervening 26th/27th of May, 2003 was got admitted in Govt. Hospital Doda upon an intimation sent to the police, the concerned police official through a docket approached the doctor to know, whether injured Babli Devi was in a position to make the statement. She was found to be not in that position. On 27.05.2003 itself, she was referred to GMC Jammu. PW Tara Chand Head Constable, was deputed for recording her statement. On 30.05.2003, it was recorded after obtaining the certificate of the attending doctor and sent to the Police Station Doda on 03.06.2003, upon which a formal F.I.R. No.77/2003 was initially registered under Section 307/109 RPC. The complete statement in vernacular (urdu) when translated into English version, reads as under:-