P. N. Goel, J. - (1.) THIS appeal by Jaibir is directed against the order dated 29-8- 1978 passed by II Additional Sessions Judge, Muzaffarnagar convicting him u/Sections 324 and 302 IPC. He has been sentenced to undergo R1 for 2 years under Section 324 IPC and has been sentenced to death under Section 302 IPC. There is the usual reference by the Additional Sessions Judge for confirmation of the death sentence awarded to the appellant.
(2.) SIMPLE case of the prosecution against Jaibir appellant was that on 7_3_1976 at about 12 O'clock the appellant assaulted Smt. Dharamwati (PW1), wife of his brother Harbir in his room called Dukaria in village Sonpur Bopara within police station Mansoorpur, district Muzaffarnagar by a Kripan. Harbir caught Jaibir in his arms. There upon Jaibir gave a Kripan blow at the stomach of Harbir who succumbed to the injury on the same day at 10.05 p. m. in district Hospital, Muzaffarnagar. Jaibir, Tejpal, Rambir and Har bir are real brothers. Jaibir was in service at Aligarh at the time of occurrence. He had developed illicit intimacy with the wife of Tejpal. On this account Harbir and Smt. Dharamwati separated from Jaibir, Tejpal and Rambir who continued to remain joint. Site plan (Ex. Ka 9) shows separate rooms of Harbir, Jaibir and Tejpal. There used to take place quarrel between Smt. Dharamwati and the wife of Tejpal. This quarrel is said to be the reason for the assault in question. . Sabha Chand, uncle of Harbir and Jaibir took both the injured from the village to the District Hospital Mu zaffarnagar.
(3.) ON the date of occurrence at 4.20 p.m. Dr. R. K. Jain (PW 8) examined Harbir and found two incised wounds detailed below: 1. Incised wound 1 1/2" x 1/2" x not probed on left side abdomen-6" from umbillicus at 1 O'clock position. 2. Incised wound 2" x J" x not probed on right side abdomen 5" from umbillicus at 11 O'clock position. Injury No. 2 Appears to be the wound of entry and injury no. 1 appears to be the wound If exit. On the same day at 4.40 p.m. Dr. R. K. Jain examined Smt. Dharamwati and found 4 incised wounds on her person described hereunder: 1. Incised wound 3" x 1/4" scalp on the left side of head oblique 3" from left ear. 2. Incised wound 1" x 1/10" x muscle on the left side head 1 1/2" above the left eye-brow. 3. Incised wound 2" x 1/4" x muscle on the right side head 2" above the right ear. 4. Incised wound 3" x 1/4" x bone on the front right fore-arm lower part. ;