SITA RAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) . (On behalf of himself and A. K. Sarkar, C. J.): The Additional Sessions Judge, Kumaon, after convicting the appellant Sita Ram of an offence under Section 302, Indian Penal Code for the murder of his wife Sindura Rani, has sentenced him to death. The High Court of Allahabad affirmed his conviction but reduced the sentence to one of imprisonment for life.

(2.) The fact that Sindura Rani met with a homicidal death is not in dispute. What is, however, contended on behalf of the appellant is that there is no evidence on the basis of which his conviction could be based. Admittedly there are no eye-witnesses to the occurrence. The prosecution, case against him rests on the following material:

(3.) There is ample evidence on record to show that the relations between the appellant and his wife were very much strained, that the two were living apart and that this was because the appellant suspected that his wife was a woman of loose character. This evidence consists of the testimony of some near relatives and also of several letters written by the appellant to his wife Sindura Rani, to his mother-in-law Inder Kuar (P. W. 2) and to his brother-in-law Tilak Raj (P. W. 1). The appellant had denied that the letters were in his hand-writing but it has been found by both the Courts below that they were in fact written by him. The finding of each of the two Courts below that the relations between the appellant and his wife were strained because the appellant not merely suspected the fidelity of his wife but also charged her with unchastity being one of fact cannot be lightly permitted to be questioned in an appeal by special leave. No ground has been made out by learned counsel which would justify out looking into the evidence for ourselves.