KASHMIRA SINGH ALIAS MOTU Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE accused-appellant, above named, was tried by learned Sessions Judge, Rohtak for the offences punishable under Sections 302 and 201 of Indian Penal Code (for short 'the IPC'). He was convicted and sentenced by judgment of conviction and order of sentence dated July 31st, 2000 as under : Offence Sentence Fine In default under Section 302 IPC Life imprisonment Rs. 500/- Three months

(2.) THE accused-appellant preferred the appeal.

(3.) JAGDISH alias Nanha (deceased) and Kashmir Singh alias Motu accused- appellant were residents of village Ajaib Tehsil Meham, District (Rohtak). They were friends. Deceased was a driver on a private bus. He was also an agriculturist owning six acres of land. In the year 1994, deceased had given Rs. 3000/- on interest to the accused after borrowing it from somebody. In the year 1997, the total amount of loan advanced plus the interest accrued amounted to Rs. 7000/-. Deceased demanded the loan amount back from the accused but he did not pay. On that score, a dispute arose between them. They stopped talking to each other. 4-5 days prior to the occurrence (occurrence took place on May 16th, 1998), the accused again started coming to the house of the deceased. Both of them used to take liquor daily in the evening. On May 16th, 1998 at 7 AM, accused came to the house of the deceased. He, in the presence of Damyanti wife of the deceased, asked the deceased not to go for his duty as he (accused) would throw a party to him and they would drink together. Both of them went to the shop of one Joker in the village and consumed liquor upto 9.30 AM. Thereafter, accused took the deceased in his four-wheeler. Wife of the deceased kept on waiting whole of the night for the deceased but he did not return.