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2006 Supreme(Del) 1728

MADAN B.LOKUR, ARUNA SURESH
S. K. HARISON – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
Sunil Sharma, V.K.Raina


MADAN B. LOKUR, J.

( 1 ) THE Appellant is aggrieved by a judgment and order dated 4th August, 1998 passed by the learned Additional Sessions Judge, Delhi in Sessions Case no. 111/97 convicting him of an offence under Section 302 of the Indian Penal code. On 7th August, 1998 the Appellant was heard on the question of sentence and on that day he was ordered to be sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- in default of which he has to undergo further rigorous imprisonment for one year.

( 2 ) THE case of the prosecution was that the Appellant and his wife kaushalya were living together in House No. 31, Village Munirka, Delhi. The appellant was working in the Indian Navy and was required to go on duty every alternate day. On those days, he would leave his wife and infant son with his parents in Vasant Vihar.

( 3 ) ON 28th June, 1990, the Appellant left his wife and infant with his parents and at about 9. 30 pm he picked them up and proceeded to the matrimonial home where they reached at about 10. 30 pm.

( 4 ) ON the way, it appears that the Appellant used abusive language against his wife reflecting upon her chastity. He told her that when they reach home h



















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