STATE Vs. JANESH

JUDGEMENT

(1.) Criminal appeal bearing No. 518/99 has been preferred by Janesh, son of Shri Pritam thereby assailing the death sentence imposed upon him by the Additional Sessions Judge, Delhi vide his judgment and order dated 10th August, 1999 and 13th August, 1999 respectively in Sessions Case No. 14/98. By the impugned judgment and order Janesh has been held guilty of murdering his daughter Sonu. Whereas vide Murder Reference No. 3/99 State is seeking confirmation of the sentence of death imposed upon Janesh. Since the Murder Reference and the appeal have arisen from the same judgment and sentence. These are taken up and disposed of together by this judgment.

(2.) The facts in nut shell which have come on record are that appellant Janesh was married to Smt. Lajjo (Public Witness-9). From this wedlock they were blessed with two daughters. The name of elder daughter was Sonu. Janesh had strained relation with Lajjo. There had been frequent quarrels between husband and wife. Smt. Lajjo had been complaining against Janesh for not bahaving well with her and of not providing with ration and other necessities of life. According to her, he was not earning anything, thus not giving her money to buy the provision. Because of his ill-treatment, she had been going off and on to her parents house. Whereas her daughters used to stay with their father Janesh.

(3.) On 4th October, 1997 Lajjo and Janesh had a tiff because Janesh refused to bring ration so long as Lajjo was there. Lajjo after the fight left her matrimonial home. She went to her parent's house leaving her daughters.