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2019 Supreme(P&H) 1987

AJAY TEWARI, H.S.GILL
Virender And Others – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
S.S. Duhan, Adv., Palika Monga, Adv.

JUDGMENT

Harnaresh Singh Gill, J. - The present appeal has arisen out of the judgment of conviction 25.03.2015 and order of sentence dated 27.03.2015 passed by the Additional Sessions Judge, Bhiwani, vide which the appellants have been convicted under Section 498-A, 304-B, 302 read with Section 34 of the Indian Penal Code (for short 'IPC') in case FIR No. 634 dated 05.09.2013 registered at Police Station Sadar, Bhiwani.

2. Brief facts of the present case are that an FIR was registered on the statement of victim Babita who was in hospital at that time with 80-90% burns on her person. Her statement (Ex.P-5) was recorded in the presence of the Judicial Magistrate Ist Class, Rohtak and after recording the statement victim Babita, passed away. The said statement would read as under:-

    "I fetched on Tokni (Picher of metal) of water at that time, my husband and father in law Sattu @ Satnarain started saying me some unparliamentry words and also extended beating me. It was happened today at around 9:00/9:30 AM. Thereafter, my father in law said to leave the house otherwise he would set m

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