JUDGMENT

Punchhi, J. - Permission to rile special leave petition sought by the mother and brother of the petitioner, Ashok Kumar vide Criminal Miscellaneous Petition No. 1593 of 1995 is refused. Leave granted to Ashok Kumar, petitioner on his petition from jail.

2. This appeal by Ashok Kumar is to challenge the judgment and order of the Delhi High Court dated January 10, 1995, whereby he has been held guilty for the offence of murder under Section 302 IPC and sentenced to death. His co-accused Smt. Prem Kanwar stands convicted for offence under Section 302/34 IPC, for which she has been sentenced to life imprisonment and to pay a fine of Rs. 1,00,000/-, in default of payment of which she has further to undergo 3-1/2 years rigorous imprisonment. Smt. Prem Kanwar has not appealed against her conviction and sentence. So instantly we are only concerned with Ashok Kumar.

3. The prosecution case is woven like this:

Both the accused, Ashok Kumar and Smt. Prem Kanwar belong to the same village in the State of Rajasthan. Both the accused had a long knit physical intimacy with each other. While so Smt. Prem Kanwar was given in marriage to Mahabir Singh, deceased. The marriage made no difference