SHIV KUMAR Vs. STATE

JUDGEMENT

(1.) Criminal Appeals 70 of 1997 and 79 of 1997 are directed against the judgment and order dated 19.11.1996 of the learned Additional Sessions Judge in Sessions Case No. 72/ 96 holding the appellants guilty under Section 302/34 I PC and sentencing each of them to undergo rigorous imprisonment for life with a fine of Rs. 500/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) Brief facts of the case, as noted by the learned Additional Sessions Judge, are that:

(3.) The Prosecution, in order to establish its case, examined, as many as 18 witnesses. Of these 18 witnesses, PW-6, Smt. Girja Devi, is the eye-witness, PW-4, Smt. Bundi, is the witness to establish motive while Dr. Anil Kohli, PW-14, is the doctor who conducted post mortem on the deceased. PW-1, Kali Charan, has not supported the Prosecution's version. The Prosecution's case primarily hinges on the testimony of PW-6, Smt. Girja Devi who has stated in her deposition that the deceased was her husband. He was not having illicit relation with any one including PW-4. Smt. Bundi and was killed on 18.8.1994. She has stated that a month prior to the occurrence, four persons including the two present in court, had been loitering near her house. She knew them earlier. According to this witness, the accused were loitering near her house in order to kill the deceased, her husband. PW-4, Smt. Bundi, used to work with the deceased on account of which PW-4's husband. Chatpal, and other persons wanted to kill Smt. Bundi. At about 8.30 p.m. on 18.8.1994 this witness saw the four accused persons in Gali No. 10 near the spot. The deceased came towards the spot from the bus stand when he was caught hold of by these accused persons and Chatpal repeatedly stabbed the deceased with a knife. The occurrence was witnessed by her daughter, Lal Kunwar, who was with her at that time. An alarm was raised by both of them but nobody came to their assistance. The accused persons, after causing injuries to the deceased, ran away from the spot. A report, Ex.PW-6/A was lodged with the police which was read over and signed at point 'A'. The deceased expired on account of the injuries inflicted by Chatpal. PW- 6 did not support the' Prosecution's case as regards the illicit relation of the deceased with PW-4 on which account this witness was allowed to be cross-examined by the Public Prosecutor who put to this witness her previous statement regarding the motive, but was denied by the witness.