VIJAY KUMAR Vs. STATE

JUDGEMENT

(1.) VJjay Kumar of A-36, Naraina has moved this appeal agaiast his conviction! on 11-8-1978 by Shri R. L. Gupta, Additional Sessions Judge, Delhi under section 302 of the Indian Penal Code far having committed the murder of one -Hakim Rai, age 60 years, on the night between 14th and 15th September, 1977, at A-29j2, Industrial Area, Naraina, New Delhi. He was sentenced to undergo imprisonment for life.

(2.) Briefly stated the prosecution case was that Kanta daughter of Hakim Rai deceased, was married to Darshan Lal and they lived together for about a year. Kanta's mother in the meanwhile developed insanity, and, therefore, she wanted to keep her younger sister Shanta aged about 4 years, with her. Daishan Lal was not agreeable to the same, and as such Kanfa parted company with him and came to reside at her parents house. There was no formal divorce between them, but the marriage almost ended in a sort of private arrangement and Darshan Lal effected another marriage. This took place about three years before the murder of Hakim Rai

(3.) Kanta after leaving her husband, joined some service in a factory at A-36, Naraina. Vijay Kumar appellant also used to work there. Both developed intimacy three-four months prior to that murder. On 4-6-1977, Vijay Kumar got an affidavit attested from a Notary Public to the effect that he and Kanta had entered into wedlock according to Hindu rites and customs, and both had started living together.