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2023 Supreme(J&K) 549

ATUL SREEDHARAN, MOHAN LAL
State of Jammu and Kashmir – Appellant
Versus
Bhagwan Dass S/o Ram Ditta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dewakar Sharma.
For the Respondent: Jagpaul Singh.

JUDGMENT :

ATUL SREEDHARAN, J.

1. The present appeal has been preferred by the State against the respondents who were tried by the court of learned Sessions Judge, Kathua in File No. 29/Sessions in case FIR No. 151/2005 registered with Police Station, Rajbagh for offences under Section 302 read with 34 RPC.

2. The case of the prosecution briefly is that on 08.11.2005, an information was received in Police Post, Mahreen at 7:45 pm that a woman Sunita Devi had caught fire. The Police reached the scene of occurrence and they found that the deceased had caught fire in the house of the accused No. 2, from where she was shifted to District Hospital, Kathua in a critical condition. At the said hospital her statement was recorded wherein she disclosed that she was married to the accused No. 1 for the past 7 to 8 years and through the wedlock a daughter was born to them. She further stated that the accused No. 2 is the sister of the accused No. 1 and was married to her brother Raj Kumar. She further stated that the accused No. 2 was acting as a wedge between her (deceased) and her husband (accused No. 1) and created hostility in their matrimonial relationship. On the date of occurrence, the de

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