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1998 Supreme(All) 1205

VIRENDRA SARAN, MAITHLI SHARAN
JAGDISH – Appellant
Versus
STATE – Respondent


Advocates Appeared:
I.Murtaza,

VIRENDRA SARAN, J.

Jagdish has preferred this appeal against the judgment and order dated 21-8-1981 of Sri V. C. Jain Sessions Judge, Unnao convicting and sentencinghim under Section 302, I. P. C. to imprisonment for life.

2. The prosecution case is that about three years prior to the incident, the appel lant developed illicit connection with Shiv Fiari, deceased. When this illicit relation ship came to the knowledge of her father Mohan Lal and brother Rani Ganesh, they reprimanded Shiv Piari and asked her to put an end to her illicit relationship. They also told the appellant not to play with the honour of their family. About six months prior to the incident, Shiv Piari was mar ried to someone else but even thereafter whenever Shiv Piari came to her parental house, the appellant made approaches to her, but Shiv Piari did not succumb to the desires of the appellant. In the above back ground the present incident took place in the night intervening 25th/26th October, 1977. On the fateful night Shiv Piari and her father Mohan Lal were sleeping on separate cots in a Barotha adjoining to their house in the south. The Barotha has openings in the south. Ram Ganesh, brother of the deceased






























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