Law:

Section:

Keywords: Records, Place, Prosecution, Divorce, Investigation, Testimony, Set Aside, Land, Plea, Cross-Examination, Claims, Examination, Conviction, Notice, Panchayat, Delay, Custody, Money, Information, Imprisonment, Expenses, Defence, Evidence, Guarantee Result: Appeal allowed JUDGMENT The first informant in this case one Kanjhe Kolhi used to reside in his own village in deh Waghirjee taluka Matli which is at a distance of about six miles from the Matli Police Station alongwith his son Tikam and his daughter Shrimat Ajoo. This Shrimati Ajoo was married to one Harichand but, according to the prosecution case, she was divorced by Harichand about six or seven months before the incident took place and all the appellants in this case are related to this Harichand except appellant No. 3 Chaggan who is stated only to be his friend, although Harichand himself is not an accused person in the case. After the divorce was given it would seem that Harichand alongwith his own party which means, mainly, the appellants in this case demanded that he be paid the expenses which he had incurred upon the marriage and the first informant on the contrary complained that he had been insulted by the fact of the divorce the whole matter it seems was reported to the Panchayat and the respectable man of the neighbourhood, namely one Ch. Abdul Aziz Zamindar, but it does not transpire that any settlement took place. On the contrary the implication is that the quarrel went on and is put forward by the prosecution as the motive of the present crime. 2. On the 18th of September, 1971 one Natho, who is a cousin of the first informant and also the injured person in this case, came to the house of the first informant to stay as a guest. On the same day, whether by co-incidence or otherwise, all the four appellants came to the house of the first informant and again made a demand of the money spent upon the marriage of Shrimati Ajoo and, when this was refused, left threatening that they would "show us the right path". It is remarkable that Harichand himself does not transpire in any of these demands or negotiations. Natho spent the succeeding night in the house of the first informant and at about…

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