JAGDISH Vs. STATE

JUDGEMENT

(1.) Appellant Jagdish stands convicted and sentenced to imprisonment for life under Section 302, I. P. C. per judgment and order dated 2-3- 1995 passed by the then Special Judge/Additional Sessions Judge, Nainital in sessions trial No. 333 of 1989 of Police Station. Khatima of the then District Nainital.

(2.) The prosecution case briefly stated was that the appellant was married to Smt. Shanti Devi deceased about 20 years before the occurrence of the case and he had set up his residence in village Mohammadpur Mudiya of Police Outpost Majhola, Police Station Khatima where the brothers of Smt. Shanti Devi were also residing. Appellant was residing with his wife and children in a thatch near the thatches of his brother-in-laws Shree Kishan and Rajendra. According to the prosecution appellant was suspecting that his wife Smt. Shanti Devi had compromised her chastity and this used to be the issue of quarrel between them.

(3.) On 26-5-1989 at about 10 a.m. Smt. Shanti was preparing day meal and whereas appellant Jagdish was sitting there and eating the preparations made by his wife. Suddenly some wordy altercation started between them and he dealt knife blows to Smt. Shanti while retorting that he will finish her today. Hearing noise Rajendra (P. W. 2) the brother-in-law of the appellant and a neighbour Ram Swaroop (P. W. 5) and few others rushed to rescue Smt. Shanti Devi who ran out of the thatch but was chased by the appellant to dealt knife blows. The witnesses made an attempt to caught hold of the appellant who at once stabbed himself in the abdomen. Witness Rajendra however snatched the knife from the hand of the appellant and threw it away at that place. Smt. Shanti instantaneously succumbed to her injuries whereas the appellant lay injured there at the scene of the occurrence.