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MANMOHAN SARIN, J.M.MALIK
Gyano Devi – Appellant
Versus
State – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. R.N. Sharma, Advocate.
For the Respondent:Mr. V.K. Malik, Advocate.

JUDGMENT

J.M. Malik, J. — This order shall decide the above said two appeals which arise from the same judgment.

2. The trial Court handed down a verdict of guilty and sentenced appellant Gyano Devi to imprisonment for life for the offence under Section 302, IPC and to imprisonment for two years with fine of Rs. 5,000/- for the offence under Section 498A of I.P.C. in default simple imprisonment for a period of two months. Appellant Surender, son of Gyano Devi was sentenced to undergo imprisonment for seven years for the offence under Section 304B of IPC and imprisonment for two years with fine of Rs. 5,000/- for the offence under Section 498A, I.P.C., in default simple imprisonment for a period of two months. Both the sentences were to run concurrently. In this appeal, the appellants have called into question the judgment passed by the trial Court. The case swirls around two sets of dying declarations, one exonerating the appellants and second implicating them.

3. The genesis and sequence of the above said case is this. Sunita DW2 and her younger sister Kavita, the deceased were married to two real brothers namely Ravinder and appellant Surender, respectively. Both were living al

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