OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed against the judgment and order dated 23/24.10.2000. The appellant alongwith his brother Sarwer was tried under Section 302 of the Indian Penal Code for murder of his wife Shakuntla. During trial, the co-accused Sarwer died and consequently on 17.8.1998 the proceedings qua him were dropped.

(2.) THE complainant-Nirmala Devi wife of Ram Niwas got her statement recorded that her sister Shakuntla was married to Om Parkash son of Chandan resident of village Karontha about 12 years ago. Two sons were born out of their wedlock. The complainant Nirmala Devi was also married in the same village with Ram Niwas 7-8 years ago. The accused Om Parkash and husband of the complainant Ram Niwas were real brothers. The accused/appellant, Om Parkash suspected his wife, the deceased Shakuntla of infidelity. On this account, the deceased had left the matrimonial home about 6-7 years ago before she again joined her husband prior to the occurrence about 8-9 months. The problem between husband, the appellant and the wife the deceased continued thereafter as well.

(3.) THE aforesaid statement was recorded by S.I. Sardara Ram. The ruqa Exhibit PB was sent to the Police Station Sadar Rohtak and formal FIR was registered under Section 302/34 of the Indian Penal Code. The special report was sent to the Illaqa Magistrate.