LAWS(DLH)-2011-10-268

LAXMAN Vs. STATE

Decided On October 24, 2011
LAXMAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS Appellant, Laxman (hereafter referred to by his name) impugns a judgment and order dated 11.08.1998 in S.C. No. 142/1994, by which he was convicted for committing offences punishable under Sections 302 and 309 IPC. For the offence under Section 302, he was sentenced to undergo life imprisonment and fined a sum of Rs. 1,000. In default of payment of fine, the convict would further undergo Rigorous Imprisonment for 2 months. For the offence under Section 309, he was sentenced to undergo imprisonment for 6 months.

(2.) THE prosecution allegations were that on 10th December, 1991, Smt. Veena (hereafter called "the deceased") was stabbed to death by Laxman, her husband. He thereafter allegedly stabbed himself in an attempt to commit suicide. Laxman was taken to Hindu Rao hospital by ASI Mahabir (PW 16) where he was admitted as an unknown person. He was examined by the Doctor G.C. Sharma (M.L.C. Ex PW 18/A). He had suffered 9 injuries inflicted by a sharp edged weapon. He was discharged on 30th December, 2011; he was arrested on the same day.

(3.) IT was alleged that in the morning of the fateful day, Laxman had gone to his father -in -law's house to ask his wife (the deceased) to return home with him. PW -1, the father -in -law refused to agree to this step, due to the fear of further harassment. Thereafter the deceased's parents left the house for some work, leaving behind Laxman with the deceased and her sister Angoori. Angoori (PW -2), and Giarsi Ram (PW -1), and a neighbour, Laxman Dass (PW -12) were interrogated, during investigation, and their statements recorded. After completion of the process, Laxman was charged for committing the said offences; he claimed to be innocent. The case went to trial. After considering the testimonies of prosecution witnesses, and the materials placed on record, the Trial Court convicted Laxman, for the offences, and directed him to undergo imprisonment, and pay fine, in the manner described in a previous portion of this judgment.