KAMAL KUMAR Vs. STATE

JUDGEMENT

(1.) Kamal Kumar s/o Ram Ji Lal r/o F-72, Gali No. 5, Dakshin Puri, New Delhi stands convicted of the offencs punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay a fine of Rs. 2,000.00 and in default to suffer RI for Six months by the Additional Sessions Judge, Delhi in Sessions case No. 235/88.

(2.) Deceased Roop Kumari is daughter of P. W. 3 Dharam Pal r/o F-509 Dakshin Puri New Delhi. This P. W. 3 Dharam Pal s/o Kishan Lal has got in all seven children and deceased Roop Kumari was his second child. His eldest son Chander Sen is married. It seems that as the appellant and deceased Roop Kumari were residing in one and the same locality, they came in contact of each other and the said contact developed into a love affairs between the two. Roop Kumari had left her education after 9th Standard about a year prior to incident. A Roop Kumari was writing love letters to the present appellant Kamal Kumar and appellant was, reciprocation the same. But it seems that when the family members of both deceased Roop Kumari and appellant Kamal Kumar came to know about the said love affair between the two, they had opposed their union. Roop Kumari's parents were not ready and willing for her marriage with appellant Kamal Kumar. In order to divert her attraction towards appellant Kamal Kumar Roop Kumari was taken to her mother's parental village by her father and kept there for some time. He had also assaulted her to force her to give up affair with appellant' Kamal Kumar. P. W. 3 Dharam Pal was also trying to settle her marriage with somebody else. He had brought one or two proposals but deceasd Roop Kumari refused to accept the said proposals and she insisted that she would marry only with the present appellant.

(3.) It is the case of the prosecution that ultimately about lour months prior to the incident which took place on 19th January. 1988, present appellant Kamal Kumar and Roop Kumari had performed a marriage ceremony in some temple. As there was opposition from his parents Kamal Kumar started residing with Roop Kumari in Ins paternal aunt's house in Trans Jamuna. About 20-22 days prior to Hie date of incident appellant Kamal Kumar and Roop Kumari shifted to her inother's sister house at F-495, Dakshin Puri. New Delhi. The said house of Public Witness 10 Bhoop Singh and P. W. 6 who is the sister of Roop Kumari's mother is a two storeyed building. On the ground floor there are two rooms and on the first floor there is one room. The staircase for going on the first floor is outside the two rooms on the ground floor. Thus any person can straightway go on the first floor by making use of the staircase without coming in the ground floor of the said building. According to the prosecution deceased Roop Kumari and present appellant Kamal Kumar were residing in the said room of the house of her maternal aunt in F-495 Dakshin Puri, New Delhi.