WAJID ALI Vs. STATE OF J&K

JUDGEMENT

(1.) 1st. Additional District and Sessions Judge, Jammu convicted the Appellant -accused in Sessions case 61/90 on the file of the trial court for offences under Sections 376 and 304 RPC vide judgment dated 15 -09 -1992 on record. Under order of September 16, 1992, each of the two accused was sentenced to undergo rigorous imprisonment for five years besides being fined Rs. 1000/ - (in default for a further period of two months) separately under Sections 376 RPC and 304 RPC. Both sentences were ordered to run concurrently. Against this judgment and orders of conviction and sentence, instant appeal has been filed.

(2.) BEFORE coming to the grounds of challenge and analysis of the prosecution case to find out if the judgment and order of conviction and sentence, in the facts and circumstances of this case, on appreciation of evidence can be sustained or not, the prosecution case meriting to be taken notice of is as under: -

(3.) DECEASED Kailasho Devi, with her husband Chander Bhan, both hailing from Pothkalan Delhi, reached the ËœBhawanâ„¢ of Shri Mata Vaishno Devi on late hours of July 13, 1985. Following day in the morning, Kailasho Devi fell ill and was examined by Bhawan Doctors, who advised her rest. On 15 -07 -1985, she with her husband had a darshan but soon thereafter (Sic) was sick and fainted for a while. The doctor at the Bhawan dispensary advised Chander Bhan to take his wife to Pry. Health Centre Katra. Medical officer at Katra, on examination of the lady and giving her some injection, advised her husband to take his wife Kailasho Devi to Jammu and for the purpose he referred her to SMGS Hospital, Jammu. On same day at around 10.30 P.M. they reported at the causality of SMGS Hospital Jammu. The doctor on duty in causality examined her and she was given some injectable medicine and thereafter admitted and referred to ward 17 of the hospital.