KALAWATI Vs. THESTAT OF HIMACHAL PRADESH

JUDGEMENT

(1.) One Kanwar Bikram Singh was a relation of the Rana of Kuthar. He was a jamindar with some properties. Bishanpura, within the police station. Solan, was his summer resort. Manirnajra in Ambala District was his place of residence on the plaints. He had married in 1938 Kalawati, one of the two appellants. She was herself a daughter of the late Raja of Nalagarh through a mistress.

(2.) Kanwar Bikram Singh was murdered during the early morning hours of 16-7-1951 as he lay asleep on the roof of his haveli or mansion at Bishaupura. He had several incised injuries on his person. The case for the prosecution is that Ranjit Singh, the other appellant, who was a distant cousin of the deceased, committed the murder with the help and connivance of Kalawati. It is stated for the prosecution that the two appellants developed an illicit intimacy with each other, and that they got rid of Kanwar Bikram Singh, as he was cruel in his behaviour to Kalawati. The last act of ill-treatment is said to have been on 6th July, when Kanwar Bikram slapped his wife. Unable to endure the continued humiliation at the hands of her husband, and in the hope that her intrigue with Ranjit Singh would be facilitated, Kalawati is said to have conspired with Ranjit Singh to do away with her husband.

(3.) Ranjit Singh was charged with murder under S. 302, Penal Code, and Kalawati was charged under Ss. l14 and 302, Penal Code, with abetment of murder, which was committed in consequence. The Sessions Judge of Mahsu and Sirmur found Ranjit Singh guilty of the offence and sentenced him to the extreme penalty of the law. He acquitted Kalawati of the offence of abetment under S. 302 read with S. l14, but found her guilty under S. 201, Penal Code, as she suppressed the evidence, screened Ranjit Singh, and gave false information in respect of the murder; and he sentenced her to five years' rigorrous imprisonment.