Murder Conviction Upheld: Supreme Court Rejects Plea in Punjab Killing Case
The case of Ashwani Kumar & Anr. v. The State of Punjab deals with a brutal murder wherein the Supreme Court upheld the conviction of the accused under Section 302 read with Section 34 of the Indian Penal Code (IPC). The appellants had been found guilty of murdering the wife of the first appellant in a gruesome manner, and their conviction was confirmed by both the Trial Court and the High Court.
Background of the Case
The prosecution’s case was that on September 18, 1998, a police patrol heard cries from a house that was locked from the inside. Peering through the gaps in the door, the police witnessed a horrific crime. The first appellant was seen sitting on the chest of his wife and pressing her neck, while the second appellant, a woman, was holding a brick and hitting the victim with it. After killing her, they came out and proclaimed that they had “accomplished their job.”
Arguments by the Petitioner
The first appellant, Ashwani Kumar, gave a written statement under Section 313 Cr.P.C., stating:
“On the day of occurrence, I left my house for going to Amritsar. On the way, I found that I had left my purse at my house. As such, I returned back to take my purse. I saw a man holding my wife in his arms and my wife also holding him. On seeing me, he ran away. In a rage, I pushed my wife, and her head struck against the wall. My wife started saying that I cannot satisfy her sexually and that our six-month-old son was not mine. She told me she would have another child with her lover. I lost control over myself and, under this provocation, caused injuries to my wife. I had extreme love for my child. I informed the police about the incident myself, but they falsely implicated me and created false witnesses.”
The second appellant claimed that she was innocent and was not present at the scene of the crime.
Arguments by the Respondent
The prosecution relied on the testimony of police officers who witnessed the crime firsthand. Their key arguments were:
- The police saw the entire murder from outside the locked door.
- The accused openly proclaimed after committing the crime.
- There was no motive for the police to falsely implicate them.
Observations by the Supreme Court
The Supreme Court rejected the appellant’s defense, stating:
“As observed by the High Court, there is no motive for the police officials to falsely implicate the appellants.”
The Court also dismissed the plea of sudden provocation, holding:
“The presence of the second appellant and her being apprehended by the police officers has been believed by both the Courts and this is completely inconsistent with the case set up by the appellants.”
Final Judgment
The Supreme Court upheld the conviction of the appellants and dismissed the appeal, emphasizing the reliability of eyewitness testimony from police officers. The ruling reinforces the principle that overwhelming evidence, especially from independent witnesses, cannot be ignored in a criminal trial.
Petitioner Name: Ashwani Kumar & Anr..Respondent Name: The State of Punjab.Judgment By: Justice Ranjan Gogoi, Justice K.M. Joseph.Place Of Incident: Punjab.Judgment Date: 28-11-2018.
Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!
Download Judgment: Ashwani Kumar & Anr. vs The State of Punjab Supreme Court of India Judgment Dated 28-11-2018.pdf
Direct Downlaod Judgment: Direct downlaod this Judgment
See all petitions in Murder Cases
See all petitions in Judgment by Ranjan Gogoi
See all petitions in Judgment by K.M. Joseph
See all petitions in dismissed
See all petitions in supreme court of India judgments November 2018
See all petitions in 2018 judgments
See all posts in Criminal Cases Category
See all allowed petitions in Criminal Cases Category
See all Dismissed petitions in Criminal Cases Category
See all partially allowed petitions in Criminal Cases Category
