JAHID Vs. STATE

JUDGEMENT

(1.) Smt. Kismat deceased (22) was married with the appellant about 6 or 7 years prior to her death in the year 1995. After the marriage some differences appeared in the relationship of the two families but on efforts having been made by the wellwishers of the two sides, the husband and wife united and were living together in appellant's house at village Aaphoo Kheri under Police Station Jawar, Distt. Jhalawar.

(2.) On May 6, 1995 PW/1 Yaqub Khan, brother and PW/14 Yusuf Khan, a cousin of the deceased, besides several others of their village went to Aaphoo Kheri to participate in the marriage of the son of PW/24 Dulley Khan who was a collateral to the appellant. As per custom prevalent, the two boys had taken 'Pehnawani' (clothes) for the deceased and others in the family. Yusuf Khan returned in the evening but PW/1 Yqub Khan stayed with the deceased.

(3.) It is alleged that after having entertained himself on the video film till late hours of the night Yaqub Khan retired to take rest for the night. It was a room covered with a chappar over it and the appellant and the deceased used to reside therein. At about 11.00 P.M. the deceased asked the appellant to give her five rupees which she wanted to give in 'Salami' to the groom-to-be. The appellant wanted to give her two rupees only but the deceased insisted upon taking five rupees. Being irritated on such demand, the appellnat picked up an axe and gave a blow of it to the deceased which she took on her hand. The appellant gave another blow which fell on her neck and proved fatal. The appellant then came out of the room and bolted the same from outside, thus confining the brother and sister in the room, and fled away.