JUDGEMENT

Per Oswal-J

1. This appeal is directed against the judgment dated 14.02.2005 passed by the Court of learned 1^st Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) in File No. 59/Sessions titled State versus Bir Singh & Ors.= by virtue of which the learned trial court has convicted the appellants for commission of offences under Sections 302/498-A/149 RPC and have been sentenced to life imprisonment along with fine of Rs. 5000/- each, for commission of offence under section 302/149RPC and imprisonment for one year and fine of Rs. 1,000/- each for commission of offences under Sections 498-A/149 RPC.

2. The appellants have impugned the judgment dated 14.02.2005 primarily on the ground that the dying declaration made by the deceased before the Police was shrouded with mystery and was doubtful and further that there are material contradictions in the prosecution evidence, those have been ignored by the learned trial court. It is also stated that none of the witnesses deposed anything about the appellant No. 2 (husband of the deceased), who had suffered 20% burns while saving his wife i.e. the deceased, but the learned trial court has not considered t