NILENDER ALIAS LILLU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated December 19/23, 1995, passed by the Additional Sessions Judge, Gurgaon, whereby the appellant has been convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/ - and in default of payment of fine to further undergo rigorous imprisonment for a period of three months.

(2.) THE facts necessary for the disposal of this appeal, which can be gathered from the record of the trial Court, are that Jai Chand and Hari Chand were real brothers. The appellant -Nilender alias Leelu, his two real brothers Om Prakash and Pushpender (both since acquitted), are the grandsons and Brijwati (since acquitted) is the widow of said Jai Chand. Angoori Devi (deceased) was the widow of aforesaid Hari Chand, who himself died issueless on 17.5.1989. Angoori Devi, who was the real sister of the father -in -law of Kaushalpal Singh (PW 10), adopted his son Sat Prakash. Immediately after 2 or 3 days of the death of Hari Chand, Kaushalpal Singh, along with his wife, shifted from Bhiwani to Sohna and started residing with Angoori Devi to associate in her agricultural pursuits and family affairs.

(3.) THE appellant along with his other brothers filed civil suit No. 611 of 1989 in the Civil Court at Gurgaon, for a decree of permanent injunction to restrain the defendant Simt. Angoori Devi from alienating the agricultural land left behind by her husband Hari Chand. The application moved by the appellant and his brothers for an interim injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure was dismissed and the ex parte stay granted earlier was vacated by the said Court vide order dated 9.4.1990. However, civil litigation is still going on in one form or the other between the appellant and his brothers on the one hand and Sat Prakash and Kaushalpal Singh on the other.