BIKRU RAM Vs. STATE
LAWS(J&K)-2007-12-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 31,2007

Bikru Ram Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.)MR . Bikru Ram, an octogenarian, and Mrs. Taro Devi, a Septuagenarian, have approached this Court for their release on bail in F.I.R No. 58/2007, registered at Police Station Gharota under Sections 302/498 -A/109 R.P.C, alleging their false implication as alleged abettors of the murder of Sharda Devi, their daughter -in -law, by their son Kalu Ram.
(2.)PROJECTING their innocence, besides old age and sickness, their learned counsel seeks their bail urging additionally that there is no evidence which may indicate the involvement of the petitioners for the commission of offence punishable under Section 109 read with Section 302 of Ranbir Penal Code.
(3.)STATE opposes their release saying that in view of the dying declaration of Sharda Devi, to the effect that Kalu Ram had poured petrol on her and set her ablaze, at the instance of the petitioners, makes them guilty of offence punishable under Section 109 read with Section 302 RPC.
Records of learned 1st Additional Sessions Judge, Jammu, where the challan had been stated to have been filed against the petitioners and others, were sent for.



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