JAI PARKASH Vs. STATE

JUDGEMENT

(1.) Jai Prakash of village Milakpur, Najafgarh, Delhi, stands convicted by the Court of Additional Sessions Judge, Delhi, under section 302 of the Indian Penal Code, and sentenced to undergo imprisonment for life.

(2.) The prosecution case as stated on record, brings out that Chander Bhan (P.W. 2) had two brothers, named, Birkha and Bhim Singh. His wife Smt. Ram Piari was the victim of the incident in the present case, and was killed. They have one daughter Miss Bala (P.W. I )Birkha's family lives in the same house in which Chander Bhan resides. Smt. Kalawati (P.W. 3) is the wife of Birkha, while Ishwar Singh (P.W. 6) and Miss Omwati (P.W. 4) aged 18 years, are their son and daughter. Jai Prakash appellant is the son of the third brother Bhim Singh. He resides in a different house in the same village. His father had died earlier, while his mother is alive. .

(3.) According to Ishwar Singh (P.W. 6), about 10 or 15 days before 10.2.1977, Jai Prakash had asked Ghander Bhan to lift his heap of cow-dung cakes from a Gitwar in the village and Chander Bhan promised to do so. P.W. I Bala aged 16 years, who is the daughter of Ghander Bhan, next deposed that she along with her mother had at about 12 noon on 10.2.1977, gone to that Gitwar for preparing cow-dung cakes. Jai Prakash then came there and asked them to remove the heap of cow-dung saying that the Gitwar belonged to him. Ram Piari replied that she would remove the same. Jai Prakash then left. This incident was not considered by both of them of any significance as to be mentioned to Chander Bhan or other members of the family. However, on the same evening at about 6 P.M. Jai Prakash came to their house with an iron rod in his hand. Ram Piari, Kalawati, Bala, Chander Bhan and Ram Piari's brother Munshi Ram Public Witness Public Witness . 7 happened to be present there. Jai Prakash then shouted that he had set heap of cow- dung lying in the Gitwar on fire, and they should remove the fodder from there. He also abused Ram Piari to which she protested. There was some altercation, and Jai Prakash then attempted to give blow with the iron rod to Ram Piari. She, however, retreated and entered the room in the house, and closed the shutters of the door. Jai Prakash struck iron rod blows on the shutter and pushed the door which gave way. He than struck iron rod blows on Ram Piari's chest, neck and waist, resulting in bleeding. Ram Piari fell down and died there. Jai Prakash then threw the rod in the court-yard and tried to escape in the lane outside. Ghander Bhan (P.W. 2) and Munshi Ram (P.W. 7) who were sitting in the same room then chased and caught hold of Jai Prakash. Ram Piari then was put on a cot.