(1.) Appellant- Naresh has been convicted of offences punishable under Ss. 302, 324 of the Indian Penal Code and S. 27 of the Arms Act vide judgement dated May 20, 1992 and by subsequent order dated May 26, 1992, has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 and in default to pay fine to undergo one year rigorous imprisonment on the first count and rigorous imprisonment for one year on the second count and rigorous imprisonment for three years and a fine of Rs. 1,000.00 and in default to pay fine to undergo rigorous imprisonment for nine months on the third count with the direction that the substantive sentences of imprisonment shall run concurrently, by an Additional Sessions Judge, Delhi. He has come up in appeal in challenging his convictions and sentences.
(2.) The facts of the case, in. brief, are that PW 4 Smt. Nirmala was married to appellant-Naresh in the year 1984. Her father Hari Ram was employed as sweeper with municipal authorities and she had five more sisters and at the relevant time her parents were residing in house No. M-286/287, J. J. Colony, Shakarpur, whereas her husband was residing in a house in Samaypur it is the case of the prosecution that her husband was addicted to vices of liquor and gambling and had pressed her to bring Rs. 5,000.00 from her parents. Nirmala vas resisting this untoward demand of her husband and had been telling him that her parents cannot arrange such amount as her father was a poor person who vas to look after his five daughters also but her husband insisted on getting Rs. 5,000.00 as he was to return the amount taken on loan from some persons. It is alleged that on July 3, 1985, the appellant brought Nirmala at about 5 p.m. and left her near the Britania Factory Premises which is located near the house of her parents and required her to go to her parents' house and bring Rs. 5,000.00 telling her that he would come back after 3-4 days to take her and at that time the money must be arranged. Nirmala came to her parents house.
(3.) On July 8, 1985, at about 12.30 p.m. Naresh was seen coming to the house of her parents when she along with her sister PW 5 Smt. Anita, then aged about 15 years and Km. Sonu PW 9, then aged 10 years, were present sitting on a cot just outside the house. At that time her mother (since deceased), namely, Smt. Chand Kaur was present in the house and was asleep. Nirmaia along with her husband had entered the house and on his query as to whether she had been able to arrange the money, Nirmala replied that her parents could not do so which enraged the appellant who shouted abuses at her. On hearing the said noise both her younger sisters also came inside and her mother also woke up. Chand Kaur, on seeing that her daughter was being abused by Naresh, rebuked Naresh-appellant uttering the words that he should be ashamed of hurling abuses at her daughter in this manner. Appellant immediately took out a knife from the right pocket of his pant, on seeing which Normal and her mother Chand Kaur got frightened and they ran and entered the rear room of the house Naresh-appellant followed them and entered the room and stabbed Nirmala, when her mother tried to save her, he stabbed Chand Kaur two or three times with the same knife and thereafter he ran away.