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2019 Supreme(All) 1077

PRITINKER DIWAKER, RAJ BEER SINGH
Vidya Devi – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant : Sri. Kripa Kant Pandey.
For the Respondent: Sri. Amit Sinha.

JUDGMENT :

Pritinker Diwaker, J.

1. This appeal arises out of impugned judgment and order dated 17.02.2010 passed by the learned Additional Sessions Judge, Court No. 6, Mathura in Sessions Trial No. 192/2008, convicting appellant Smt. Vidya Devi under Section 302 of IPC and sentencing her to undergo rigorous imprisonment for life with a fine of Rs. 2,000/- in default thereof, to undergo six months' additional imprisonment.

2. In the present case, the name of the deceased is Meena wife of acquitted accused Mukesh. The appellant herein is a mother-in-law of the deceased. The marriage of deceased Meena was solemnized with Mukesh about three years prior to the date of occurrence, i.e. 15.08.2007 on which date, in between 7:00 pm to 8:00 pm, Meena suffered 96% burn injury. Immediately after the incident, she was taken to hospital where her dying declaration (Ex.Ka.12) was recorded on 16.08.2007 by (PW-6) Kapil Singh at 12:40 afternoon. Her medical examination was also conducted, vide Ex.Ka.13 on 15.08.2007 by Dr. Nishant Jain, which has been proved by (PW-7) Vishav Dutt Gautam. In the

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