RAI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rai Singh, the appellant before us, stands convicted and sentenced under Section 302, IPC and Section 25 of the Arms Act, 1959 read with Section 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 for committing the murder of Smt. Parkashi, wife of Attar Singh, with a country made pistol.

(2.) (a). According to the prosecution case, in the early hours of January 30, 1987 when Smt. Parkashi was sleeping in her house in village Chhajpur under Panipat Police Station with her two children - her husband being away to Panipat where he worked as a Chowkidar in a factory - she heard a knock on the door. After lighting an earthen lamp when she opened the door she found the appellant standing outside. He asked her as to her husband"s whereabout and gave out that he wanted to take revenge as he (her husband) had assaulted him a fortnight ago. When she replied that he had gone to Panipat the appellant told Smt. Parkashi to accompany him. When she refused he started dragging her out. In course of the scuffle that ensued, the appellant brought out a pistol and fired at Smt. Parkashi, as a result of which she fell down dead. The appellant then ran away with the pistol. Attar Singh was then sent for and after his arrival their son Mohkam Singh (P.W. 3) went to the police station and lodged a report.

(3.) Though the appellant pleaded not guilty to the charge of murder levelled against him, he admitted that he had developed illicit intimacy with Parkashi and that about a fortnight prior to the incident Attar Singh had found them in a compromising position. He also admitted his presence in the house of the deceased on the fateful night. According to him, he was called by the deceased herself and when her husband returned early in the morning he (her husband) tried to kill him but somehow he made good his escape. He did not know what happened thereafter.