GURDIAL SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant is impugning the orders of the learned Additional Sessions Judge, Delhi dated 11th October 1985 respectively convicting the appellant under Section 302 I.P.C. and Sentencing him to undergo imprisonment for life.

(2.) THE date of incident is 4th of May 1984 at house No. RZ -87/B. Mahindra Park, Uttam Nagar, police Station Janakpuri, Delhi. The time of the incident is around 10.30 a.m. The deceased is one Hardayal Kaur, wife of the appellant. The marriage of the couple had taken place in the month of April 1982. They had two sons aged about 15 years and 8 years as at present. The F.I.R. in this case was lodged by the brother of the deceased, namely, Partap Singh at about 7.50 p.m. on the same day. The motive for the commission of the offence alleged is the quarrel that took place between the couple at the time of the incident.

(3.) THAT his brother -in -law Sardar Avtar Singh who resides in house No. D -2/9, Jeevan Park, telephonically informed him that on the day of the incident at about 10 a.m. when he was passing by the, house of the appellant he found the deceased and the appellant quarrelling badly, and that his intervention did not pacify them. He goes on to state that at 6 p.m. when he was free he went to pay a visit to his sister (now deceased) and was accompanied by one Gurdev Singh, resident of B/ C -24B Janta Flats, Janakpuri. He found the door locked and after waiting for sometime he peeped through the door and found the deceased lying on the bed. He knocked at the door but there was no response. He believed that the appellant had killed his sister. He further stated that earlier to the date of incident the appellant had many a time given severe beatings to the deceased and had once poured acid on her. That the appellant wanted her to indulge in prostitution.