ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) The appellant/accused Ashok Kumar was convicted by the learned Additional Sessions Judge, Delhi under Section 302, I.P.C. and was sentenced to death for the murder of Mahabir Singh (husband of the appellant/accused Prem Kanwar). The appellant Prem Kanwar was convicted by the learned Additional Sessions Judge, Delhi under Section 302/34 I.P.C. and was sentenced to life imprisonment together with a fine of Rs. one lac or in default to undergo further rigorous imprisonment for a period of 3-1/2 years. Appellants have appealed against their convictions and sentences. The record is also before us for confirmation of the death sentence. The appeals and death reference are being disposed of by this common judgment.

(2.) The unfortunate incident, which resulted in the death of Mahabir Singh on the night intervening 29th and 30th December, 1987, was the culmination of the wrong and vicious path of love and lust between the deceased's widow Mst. Prem Kanwar (appellant) and the appellant Ashok Kumar. The prosecution case inter alia is that the appellant Ashok Kumar was promiscuous with the appellant Mst. Prem Kanwar. Both the appellants are residents of the village Assampur, Distt. Sikar (Rajasthan). Even, after the marriage of the appellant Prem Kanwar with the deceased Mahahir Singh, the appellant Ashok Kumar continued visiting the deceased's house. Over powered by adulterous lust and passions, the appellants fixed their minds upon liquidating the deceased.

(3.) It is the ease of the prosecution that on 29th December, 1987 at about 11.20 P.M. the appellants along with the deceased Mahahir Singh and his two children came to Hotel Eagle, Katra Barian, Delhi. Appellant Ashok Kumar hired two rooms in the said Hotel under a pseudo name. He masqueraded himself as Vijay Kumar. Appellant Ashok Kumar occupied the Room No.33 and the appellant Mst. Prem Kanwar alongwith her husband (deceased) occupied the room No.30. The appellants murdered the deceased Mahahir Singh on the night intervening 29th and 30th December, 1987. On 30.12.1987 at about 11 A.M. the appellants left the Hotel Eagle leaving the dead body of the deceased locked in the room No.30.