ASHWANI KUMAR & ANR. Vs. THE STATE OF PUNJAB
LAWS(SC)-2018-11-65
SUPREME COURT OF INDIA
Decided on November 28,2018

Ashwani Kumar And Anr. Appellant
VERSUS
The State Of Punjab Respondents

JUDGEMENT

K.M.JOSEPH,J. - (1.) The appeal by special leave is directed against the judgment of the High court of Punjab & Haryana in Criminal Appeal No.103 of 2000 dismissing the appeal filed by the appellants, confirming the conviction and sentence under Section 302 read with Section 34 of the Indian Penal Code.
(2.) Heard the learned counsel for the parties.
(3.) The prosecution case is that on 18.9.1998 the Assistant sub-inspector along with Head Constable of police and other police officials were on patrol duty and while so at about 1.30 p.m., they heard shrieks from one room of the house, which was bolted from the inside. From the gaps in the door of that room, the Assistant sub-Inspector peeped inside the room and found that one man was sitting on the chest of the lady, who was made to lie on the ground and he was pressing her neck. One lady was standing near that place and holding a pucca brick, in her hand. She gave two blows with the said brick on the person of the lady lying on the ground. She told the man, the co-accused that the said lady who was being assaulted was insulting her before others who was his wife. She also exhorted the man that he should finish her, thereupon the man lifted a 'khurpa' and gave blows with it. After killing her, both man and the woman came out and they proclaimed that they have accomplished their job. It is this man and woman who are appellants before us.;


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