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1996 Supreme(P&H) 401

V.K.BALI, K.S.KUMARAN
Surinder Paul – Appellant
Versus
State Of Punjab – Respondent


Judgment

V.K.BALI, J.

1. In these two separate Criminal Appeals bearing No. 139-DB of 1993 preferred by Surinder Pal, Raj Kumar and Billa and Criminal Appeal bearing No. 189-DB of 1993 preferred by Des Raj the challenge is to the order of conviction and sentence recorded by Additional Sessions Judge, Jalandhar dated 26th of April, 1993 vide which the appellants herein were held guilty under Section 302 read with Section 34 of the Indian Penal Code for having done to death Smt. Pushpa wife of appellant Des Raj and ordered to undergo imprisonment for life and to pay a fine of Rs. 5000/- each in default whereof, they were further ordered to undergo rigorous imprisonment for one year. Whereas Smt. Pushpa deceased was wife of Des Raj appellant, the other appellants Surinder Pal, Raj Kumar and Billa are (nephews) brothers sons of Des Raj. The only question raised in this appeal is as to whether the dying declaration made by Smt. Pushpa wife of Des Raj in the facts and circumstances of this case deserves to be believed and if so whether it has to be believed in its entirety or some part of it can be rejected. Before the sole question is answered one way or other, it would be useful to give



















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