STATE DELHI ADMINISTRATION Vs. HARISH KUMAR

JUDGEMENT

(1.) This is an appeal- against the acquittal of Harish Kumar of offences under sections 302 and 316, Indian Penal Code, for committing the murder of Sharda Devi who was carrying a quick unborn child.

(2.) The prosecution case, briefly stated, is that Sharda Devi deceased was married to Krishan Gopal. They were living with Madan Gopal, brother of Krishan Gopal, at house No. 2052, Gali Mahavir, Teliwara, Delhi. Krishan Gopal's grand-mother Kailash Wati was also living in the house and so were Shakuntia wife of Madan Gopal and their son Harish Kumar respondent. Madan Gopal and Krishan Gopal were not on good terms since they wanted their business to be partitioned. Shakuntia and Harish Kumar used to quarrel with Sharda Devi and they were not on speaking terms.

(3.) Sharda Devi had pregnancy of about 28 weeks in June, 1969. On June 3, 1969, at about I p.m. Dr. Jagan Nath Public Witness 4, who is a resident of the same locality, was approached by Madan Gopal who told him that Sharda Devi was bleeding. The doctor came to the house and saw Sharda lying in an injured condition on the floor and all her clothes were besmeared with blood. He advised Madan Gopal to remove her to Irwin Hospital at once. The doctor neither examined Sharda nor rendered any first aid.