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2021 Supreme(SC) 85

INDU MALHOTRA, AJAY RASTOGI
GAURI SHANKAR – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates Appeared:
For the Petitioner(s): Ms. Manjeet Chawla, AOR
For the Respondent(s): Mr. Jeevesh Nagrath, Adv. Ms. Jaspreet Gogia, AOR

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The sole accused appellant faced trial for committing the murder of two minor children aged 4 years and 2 years in brutal manner by administering celphos to them. After being convicted by learned trial Judge for offence under Section 302 IPC by judgment dated 1st July, 2013 and confirmed by the High Court on appeal preferred at his instance being dismissed by judgment impugned dated 13th December, 2018, the appellant has preferred this appeal.

3. The case of the prosecution was that complainant Anju was married with Ajay Kumar, S/o Sajjan Singh and from this wedlock, she had two children, namely, Vijay Kumar @ Bittu aged 4 years and Muskan aged 2 years. Ajay Kumar was addicted to liquor and because of intoxicants, he died. The accused appellant was residing on rent in the neighbourhood of complainant Anju. Accused appellant allegedly enticed Anju and brought her with her two children to Punjab where the fateful incident took place. The appellant used to quarrel with Anju and frequently beat the children and used to proclaim that he did not like the children as they were not his own and that some day he would kill both of them. About a month a


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