JITENDRA CHAUHAN, J. - (1.) THE present appeal has been filed against the judgment and order dated 23/24.10.2000. The appellant alongwith his brother Sarwer was tried under Section 302 of the Indian Penal Code for murder of his wife Shakuntla. During trial, the co-accused Sarwer died and consequently on 17.8.1998 the proceedings qua him were dropped.
(2.) THE complainant-Nirmala Devi wife of Ram Niwas got her statement recorded that her sister Shakuntla was married to Om Parkash son of Chandan resident of village Karontha about 12 years ago. Two sons were born out of their wedlock. The complainant Nirmala Devi was also married in the same village with Ram Niwas 7-8 years ago. The accused Om Parkash and husband of the complainant Ram Niwas were real brothers. The accused/appellant, Om Parkash suspected his wife, the deceased Shakuntla of infidelity. On this account, the deceased had left the matrimonial home about 6-7 years ago before she again joined her husband prior to the occurrence about 8-9 months. The problem between husband, the appellant and the wife the deceased continued thereafter as well. On 1.9.1996 at 6.30 A.M., complainant Nirmala went to the house of the deceased after answering call of nature. At that time her sister (the deceased), the appellant alongwith his brother Sarwer and son of the deceased and the appellant Sunil aged 10 years, were also present there. The deceased was sitting in front of the oven (chulla) and Om Parkash and the co-accused Sarwer were quarreling with the deceased. Sarwer caught hold of the hands of the deceased and Om Parkash dealt an axe blow on the head and another blow on the neck of the deceased. Thereafter, one more blow was given on the right shoulder of the deceased. On alarm raised by the complainant, the accused/appellant Om Parkash alongwith his brother Sarwer ran away from the spot alongwith the weapon of offence.
(3.) THE aforesaid statement was recorded by S.I. Sardara Ram. The ruqa Exhibit PB was sent to the Police Station Sadar Rohtak and formal FIR was registered under Section 302/34 of the Indian Penal Code. The special report was sent to the Illaqa Magistrate.;