SHIV SINGH Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted under Sections 302, I.P.C. and 307, I.P.C. and sentenced to imprisonment for life and five years' rigorous imprisonment respectively by the Additional Sessions Judge, Aligarh vide his judgment and order dated 13-8-1970.

(2.) A short pedigree is necessary for a proper appreciation of the facts of this case: <TAB> MOTI RAM Smt. Gobindi Natha Bam Chunui Singh Sher Singh Natha Ram Hukum Singh One daughters Shiv Singh (accused) Married(3) | | one daughter daughters Nauna=Smt. Darbo (deceased) Ramsarup Bahgwan Singh Ramjilal Sabran Manhori | Mahendra Singh P.W. 2= Smt. Angoori (Injured P.W. 4)</TAB>

(3.) From a perusal of the pedigree noted above it is obvious that Srimati Angoori is the sister-in-law of Shiv Singh accused and Srimati Darbo is the aunt of the accused-appellant. The prosecution case is that on 16th September, 1969 at about 3 p.m. Srimati Angoori was repairing her Chulha in the Chauk. Shiv Singh objected to it saying that the smoke of the Chulha would enter his door and, therefore, it should not be repaired. Srimati Angoori did not oblige him and continued to repair the Chulha. Shiv Singh abused her. Srimati Angoori abused him back. The result was that the tempers ran high and the accused assaulted her with the blade of the spear. She raised an alarm which attracted her mother-in-law Srimati Darbo, who in an attempt to rescue her daughter-in-law Srimati Angoori, bent over her body. The accused struck a blow on Srimati Darbo. On hearing the alarm of Srimati Angoori, Ram Swaroop, Mahendra Singh, Baldeo and Mohan Singh also reached inside the house and witnessed the assault in question. The accused, thereafter, slipped away. Srimati Darbo succumbed to her injury.