LAWS(P&H)-2009-8-267

BIHARI LAL Vs. STATE OF HARYANA

Decided On August 21, 2009
BIHARI LAL Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The accused-appellant, above named, was tried by learned Additional Sessions Judge, Sirsa for offence punishable under Sec. 302 of Indian Penal Code (for short 'the IPC'). He was convicted thereunder and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000.00. In default of payment of fine, he was directed to undergo further rigorous impressment for a period of six months by judgment of conviction and order of sentence dated Dec. 2nd, 2000.

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

(3.) The husband is the appellant-accused and the wife was the deceased in this case. According to the prosecution case, Sarbati (deceased) was married with Bihari Lal in the year 1984-85. They had strained relations because accused-appellant suspected the fidelity of the deceased. He used to give her beatings after taking liquor. Deceased told about it to her brother Manphool Ram-informant-author of First Information Report (Exhibit PD) (PW-6) on a number of occasions. He counseled him but in vain. 20-25 days prior to the occurrence (Occurrence took place on Oct. 6th, 1998), Manphool Ram was present at the house of the accused and in his presence, accused gave beatings to Sarabati.