SHANKUTLA Vs. STATE

JUDGEMENT

(1.) The appellants Laxman Kumar aged 25, Subhash Chander aged 28 and Smt. Shakuntala aged 53 were sent up for trial for an offence under Section 302 of the Indian Penal Code. The charge against them was that on 1st December, 1980 at about 9 p.m. they in furtherance of a common intention had caused the death of Sudha Goel (wife of the first accused). The learned Additional Sessions Judge, who tried the case found all the accused guilty of the offence charged with and has sentenced them to death. The accused have come in appeal. There is also the reference for confirmation of the death sentence. This judgment shall dispose of both the appeal and the reference.

(2.) Laxman Kumar and Subhash Chander are brothers and Smt. Shakuntala is their mother,

(3.) The deceased Sudha was married to Laxman Kumar on 18th February 1980. After the marriage the couple started residing at 9-B, Janta Flats, Ashok Vihar, Phase III. Subhash Chander is the eldest brother. He is married and has two Children. D.W. 5 Madhu Goel, is the wife of Subhash Chander, Laxman Kumar has two younger brothers, namely, Vinod and Ram Avtar. He further has two unmarried sisters who lived in Barot, Meerut District with the parents, that is, Shakuntala and Srinivas.