RAMA NAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment, dated June 7, 1974, of the High Court of Himachal Pradesh, whereby it upheld the conviction of Rama Nand accused under Section 302, Penal Code, and that of the co-accused Shish Ram and Kali Datt under Section 201, Penal Code, and also the sentences awarded to each of them by the learned Sessions Judge, Mandi. The prosecution story, as it emerged from the record was as follows :

(2.) Sumitra's father wished to see his daughter highly educated, and employed in Government service and married to a suitable, highly educated person, settled in life. Sumitra had passed Higher Secondary Examination and wanted to pursue her studies further according to the wishes of her father.

(3.) About two years before Sumitra's reported death, Shish Ram appellant approached Som, Krishan (P. W. 33) and persuaded him to give Sumitra in marriage to his son, Rama Nand. While negotiating this matrimonial alliance, Shish Ram told Som Krishan that his son was suitably employed on a Government job in the Office of the Deputy Commissioner, Kasumpti. He further falsely represented to Som Krishan that his son Rama Nand was a graduate, Believing this representation to be true, Som Krishan about 11/2 or 2 years before Sumitra's murder in question, married her to Rama Nand. Before this marriage, it was settled by Som Krishan with Shish Ram and Rama Nand accused that even after her marriage, Sumitra would continue to pursue further studies and take up employment as a teacher. After the marriage, her father got his daughter, Sumitra, employed as a teacher in villege Nursery School at Chanyana which was situated near her parents' village. While teaching at Chanyana, she continued to reside with her parents. She used to visit village Jherwin occasionally to be in the society of her husband who also used to come to Jherwin from Kasumpti. The accused persistently demanded that Sumitra should give up her employment at Chanyana, and start residing permanently and continuously in her matrimonial home at Jherwin. Sumitra tenaciously refused to do so. Rama Nand wrote several letters to Sumitra urging her to give up her adamant attitude. These letters furnish evidence of a strong motive for Rama Nand to put an end to the life of Sumitra.