BALDEV RAJ Vs. STATE

JUDGEMENT

(1.) APPELLANTS have been convicted by learned 1st Additional Sessions judge, Jammu under Sections 498-A and 306 RPC for treating Ms. Garu Devi with cruelty and abetting her suicide, and sentenced to undergo imprisonment for three years and a fine of Rupees Ten thousand and in default thereof to simple imprisonment for four months, under Section 306 rpc, besides imprisonment of one year and fine of Rupees Ten thousand and in default of payment of fine to simple imprisonment for four months under Section 498-A RPC vide his judgment and order of November 28, 2002.

(2.) CALLING in question their conviction and sentence, the husband, father-in-law and mother-in-law of Garu Devi deceased, have approached this Court by this appeal.

(3.) MR. V. R. Wazir, Learned counsel for the appellants, submits that the learned 1st additional Sessions Judge, Jammu, the trial court, had erred in relying upon Garu Devi's dying Declaration which, in view of divergence in the statements of the Investigating Police Officer, who had recorded the dying Declaration and PW-Dr. Satinder dhar, who had certified her fitness to make the statement, was unworthy of credence additionally because the Investigating Police Officer had not indicated in the Dying declaration that it was the translated version of the statement of the deceased which she is stated to have made in Dogri language and recording conviction and sentence against the appellants. Learned counsel submitted that the facts disclosed by the prosecution and projected during the trial would not, even otherwise, make out any case, on the basis whereof, the appellants' conviction under Sections 498-A/306 RPC may be justified.