ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The afore-mentioned appeals are being disposed of together as they arise out of the same judgment.

(2.) The facts of the prosecution case are as under :

(3.) Kamla accused and her sister Nirmala were married to two brothers - Kamla (accused) to Kanwar Pal (deceased) and Nirmala to Charan Singh PW4) and the two families were living together Nirmala aforesaid had given birth to a male child and, as such, on 2.9.1994 Ashok Kumar accused, her brother, had come to hand over the customary gifts to her. Ashok Kumar reached his sister s residence at about 6 p.m. on which Kamla informed him that her husband Kanwar Pal had been ill treating her. While Ashok Kumar was taking food along with Kanwar Pal, Kamla again complained of her ill treatment and taunted her brother by telling him that he should not take his food and that he should kill Kanwar Pal and avenge the treatment that she had been receiving from her husband. Ashok Kumar thereupon took out a knife from his trouser pocket and as Kanwar Pal tried to run away, he was caught by both the accused near the house of one Paras Ram and while Kamla took him in her grip, Ashok Kumar gave repeated knife blows on his head and neck. Charan Singh (PW4) who had been what had transpired, made an attempt to rescue his brother, but he too was attacked and injured by Ashok Kumar. The entire occurrence was also witnessed by Paras Ram and his son, Kanwar Pal fell on the ground and died at the spot, whereas the two accused ran away towards the jungle. On the completion of the investigation, the accused were charged for an offence punishable under Sec. 302 and 324 read with section 34 of the Indian Penal code and as they denied their involvement, they were brought to trial.