Decided on August 06,1990

JAIBIR Respondents


- (1.)Jaibir respondent was convicted under S. 302 Indian Penal Code for the murder of his brother Harbir and was sentenced to death by the trial court. He was also convicted and sentenced under S. 324 Indian Penal Code for inflicting injuries on Dharamwati wife of deceased Harbir. The High court on appeal set aside the conviction and sentence of Jaibir and acquitted him of the charges. This appeal against acquittal is by corn- plainant Dharamwati.
(2.)Jaibir, Tej Pal and Rambir are real brothers of deceased Harbir. All the four brothers were living in the same ahata. Jaibir was in service at Aligarh at the time of occurrence. He had developed illicit relation with the wife of Tej Pal and on this account Harbir and his wife Dharamwati separated from the other three brothers and started living in a separate room in the same ahata. There were constant quarrels between Dharamwati and the wife of Tej Pal. This is said to be the reason for the assault in question.
(3.)The prosecution case is that on 7/03/1976 at about 12 o'clock Jaibir called Harbir to his room. Dharamwati also followed her husband. Jaibir got infuriated on the uncalled for presence of Dharamwati and attacked her with kirpan. On Harbirs intervention he was given a kirpan blow by Jaibir which pierced through his stomach. Harbir was taken to the hospital where he died as a result of the injuries the -same day at10. 05 p. m. Dharamwati sustained four injuries with a sharp-edged weapon.

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