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2019 Supreme(SC) 988

SANJAY KISHAN KAUL, K.M.JOSEPH
JAGBIR SINGH – Appellant
Versus
STATE (N. C. T. OF DELHI) – Respondent


Advocates Appeared:
For the Appellant(s) :Sushil Balwada, Advocate
For the Respondent(s):S.S. Ray, T.A. Khan, B. V. Balaram Das, Advocates

JUDGMENT

K.M. JOSEPH, J.

1. The appellant stands convicted under Sections 302 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’, for short) by the Trial court, and the appeal carried by him before the High Court being unsuccessful and is, therefore, before this Court.

2. Briefly, the case of the prosecution against the appellant is as follows:

The deceased was married to the appellant in the year 1999. He was unemployed at that time. Later, he secured employment in the C.R.P.F.. He did not take his wife on the basis that he could not take her far away. Wife continued to reside with the mother of the deceased at her house. Appellant used to harass his wife and had illicit relationship with the wife of his brother. A Panchayat was held. A settlement was arrived at, pursuant to which, after four years, when the appellant was transferred to Delhi, he assured the mother of the deceased that he will not harass his wife and he started residing at the house along with his wife and mother-in-law. It is the further case of the prosecution that the appellant continued to have an affair with the wife of his brother. On 23.01.2008, the mother of the deceased went to the m

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