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1995 Supreme(Del) 51

ARUN B.SAHARYA, M.S.A.SIDDIQUI
STATE – Appellant
Versus
ASHOK KUMAR – Respondent


Advocates Appeared:
amicus curiae, MUKESH KALIA, P.S.SHARMA, RAKESH SHERAVAT, S.S.GANDHI, SURYA PRAKASA RAO

M. S. A. SIDDIQUI, J.

( 1 ) THE appellant accused Ashok Kumar was convicted by the learned Additional Sessions Judge, Delhi under Section 302. Indian Penal Code. and was sentenced to death for the murder of Mahabir Singh (husband of the appellant accused Prem Kanwar ). The appellant Prem Kanwar was convicted by the learned Additional Sessions Judge, Demi under Section 302/34 I. P. C. and was sentenced to life imprisonment together with a fine of Rs. one lac or in default to undergo further rigorous imprisonment for a period of 3-1/2 years. Appellants have appealed against their convictions and sentences. The record is also before us for confirmation of the death sentence. The appeals and death reference are being disposed of by this common judgment.

( 2 ) THE unfortunate incident, which resulted in the death of Mahabir Singh on the night intervening 29th and 30th December, 1987. was the culmination of the wrong and bicious path of love and lust between the deceased s widow Mst. Prem Kanwar (appellant) and the appellant Ashok Kumar. The prosecution case inter alia is that the appellant Ashok Kumar was promiscuous with the appellant Mst. Prem Kanwar. Both the appellants are residents























































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