ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) On 18th December, 1979 an Additional Sessions Judge, Delhi convicted Ashok appellant for having committed an offence punishable under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life and pay a fine of Rs. 1,000.00 It was found that he (Ashok) committed murder of his real sister Kusum Lata and her husband Suresh. The motive of the crime was that Kusum had the cheek to defy opposition and break the shackles of her family in selecting Suresh as her fife partner and marrying him on September 23, 1975 at Arya Samaj Mandir, Sector No. 1, N.I.T.. Faridabad.

(2.) Previously the case was pending before the Court of Sessions, Gurgaon but by means of an order dated October 16, 1978 the Supreme Court transferred the case to the Court of Sessions, Delhi.

(3.) Kusum Lata was living with her parents at F-5/2, Krishan Nagar Delhi. Just in front of the said house, Suresh was living with his parents in house No. F-4/l Krishan Nagar, Delhi. Both the families were having good relations. Kusum used to get lessons of sewing and stitching from Sint. Chand Rani (Public Witness 31), mother of Suresh. Thlus an opportunity of meeting each other by Suresh and Kusum existed. With the approach of youth both developed deep love for each other. The family of-Kusum was against the matrimonial alliance between Kusum and Suresh. When they came to know about the aforesaid love affairs, they broughf it to the notice of parents of Suresh and told in .point blank words that the former did not approve of the love culminating into marriage. Kusum was defiant and bluntly told her family members that she must marry Suresh. The family of Suresh also started opposing the marriage. But the opposition of the family was not able to cool down his yearning for taking Kusum as better half. The allegation of the prosecution is that Kusum was given severe beating many a time by her brothers including Ashok appellant as well as her maternal' uncle yet the desire of Kusum was? not quelled According to prosecution family of Kusum, including Ashok extended threats of killing to both the lovers.