LAWS(J&K)-2009-4-24

SIMBO DEVI Vs. STATE OF JAMMU AND KASHMIR

Decided On April 02, 2009
SIMBO DEVI Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) ACCUSED of subjecting poli Devi to cruelty, committing her murder, and causing disappearance of the evidence, so as to screen them of the offence committed, Five persons namely Phambi ram, the father-in-law, Krishni Devi, the mother-in-law, Amita Devi, the sister-in-law, Simbo Devi, wife of Phambi Ram's brother and Parkash Chand, the brother-in-law of Poli Devi, were sent for trial before learned Sessions Judge, Udhampur, pursuant to the committal of Final Police report filed by Police Station, Ramnagar under Section 173 of the Code of Criminal procedure, by the Judicial Magistrate, 1st class, Ramnagar.

(2.) AFTER holding the trial and acquitting the fifth accused Parkash Chand, the brother-in-law of the deceased, learned Sessions Judge, found the rest four, herein appellants, guilty. Accordingly convicting them under Sections 302/201/34 RPC vide his judgment of September 12,2008, learned sessions Judge has sentenced them to imprisonment for life and a fine of Rs. 10,000 under Section 302 RPC, and imprisonment for two years and a fine of Rs. 5,000 under section 201 RPC and in default of fine to one year and six months imprisonment vide order dated September 16, 2008. No case was, however, proved against them for infraction of Section 498a RPC.

(3.) SEEKING setting aside of their conviction and sentence, the appellants have appealed to us for their acquittal.