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2009 Supreme(SC) 928

ARIJIT PASAYAT, MUKUNDAKAM SHARMA
Bimla Devi – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates appeared:
For the Appellant :K.T.S. Tulsi, Sr. Adv., Sushil Kumar Jain, Puneet Jain, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Jammu and Kashmir High Court upholding the conviction of the appellant for offence punishable under Sections 306 and 498-A of the Ranbir Penal Code (in short the ‘RPC’) while reducing the sentence so far as the offence relatable to Section 306 is concerned. The custodial sentence and fine of Rs.500/- was confirmed. Learned Sessions Judge, Kathua had found the appellant guilty as afore-noted and had sentenced the appellant to undergo RI for 7= years and 2 years respectively and fine with default stipulation. Appellant No.1 is the mother of appellant No.2. The present appellant and one Jatinder Kumar, brother of appellant No.2 faced trial for alleged commission of offence referred to above.

2. Prosecution version in a nutshell is as follows:

On 29.5.1990 Suman Lata (hereinafter referred to as the deceased) was brought to district Hospital Kathua. She had sustained burn injuries. Police came to know about this occurrence. An Assistant Sub-Inspector Amar Chand Padha reached there. Statement of the deceased was recorded. On the basis of the statement so given First Informatio


























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