SUNIL KUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner - accused No.1 along with other accused have been charge sheeted for the offences punishable under Ss. 504, 302, 307, 323 read with Sec. 34 of IPC.

(2.) The summary of the charge sheet is that, prior to the incident, the defacto complainant's elder brother, Sunikumar was involved in criminal case and was in judicial custody, and at that time, her aunt Jagadevi w/o Sunil was residing at her maternal village and requested the father of the complainant to help her husband in bringing him out of jail. Her father gave Rs. One lakh to Jagadevi towards release of her husband from jail. After he was enlarged on bail, since last two years, they were residing by the side of her house. The defacto complainant was continuously asking Sunil and Jagadevi to return the amount and in this regard, they quarreled on two to three occasions, and thus, that now they are not having any money, and whenever the amount is adjusted, they would return the amount.

(3.) On 16/4/2021, when the deceased along with CWs.10, 13, 14, 15 were sitting near the house talking with each other, at that time, the accused No.2 told CW10 that, her mother-in-law has given money for painting for her house, and when CW10 retorted as to why her mother-in-law would pay the amount, and that the house was painted by their own money, and asked to return a sum of Rs. One lakh, which was borrowed from her, at that time, the accused No.1 came with a knife and the accused No.2 caught hold of the deceased and the accused No.1 stabbed the deceased four to five times, and due to bleeding injury sustained by him succumbed to the injuries.