RATTAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) A young housewife (Kanta Devi) enceinte by four months, was shot at with a double barrel gun by an assailant who gatecrashed into her courtyard during the odd hours of the night when she was sleeping. The shoal of pellets spewed out of the mouth of the gun had pierced into her lungs and heart and she died instantaneously. Appellant - an ex-armyman - was challenged by the police for the said murder. Sessions Court acquitted him but a Division Bench of the High Court of Himachal Pradesh, on appeal by the State, convicted him under Section 302, I.P.C. and sentenced him to imprisonment for life. He has filed this appeal under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and also under Section 379 of the Code of Criminal Procedure.

(2.) The following is the story which prosecution has unfurled in the trial Court: Kanta Devi (aged 21) was married to Puran Chand and she was living with her in-laws in her husbands house at Bhali village. Her husband was working in the Public Works Department and most-often he was living away from his family. Her sister-in-law Sheela Devi (PW 10) though married was also residing in the same house. Appellant, after superannuation from military service has settled down in his home village. He obtained a licence for possession of Ex. P1 - gun. Appellant, in course of time developed some infatuation for Kanta Devi and he started doting on her with libidinous designs, but she was not willing to reciprocate his oglings. This negative response had burgeoned the seed of rancour in his mind towards Kanta Devi and thenceforth he started harassing her. When she found him incorrigible she complained to the police about his lewd conduct. This led to initiation of security proceedings against him during which his gun was seized by the authorities, but he secured it back by making an application through Advocate Prahalad Chand Sharma (PW 2). Nonetheless his bitterness towards her, instead of abating, was only brimming up. He made some unsuccessful attempts to retaliate though in one such attempts he could shoot down one of the pet dogs of her household.

(3.) On the night of 6-7-1982, all the inmates of Kanta Devis house were sleeping on the courtyard of the house. Her husband was, as usual absent from the house. Her husband was, as usual absent from the house. At about 11.00 p.m. Kanta Devis mother-in-law woke up sensing that somebody would have intruded into their privacy and asked others whether anyone was there. Suddenly, deceased Kanta Devi cried out the appellant was standing there with a gun. This was followed by the sound of a gun shot and pellets have delved into her body. Kanta Devis brother-in-law Prakram Chand (PW 3) and his sister Sheela Devi (PW 10) pounced upon the deceased and in a bout Sheela Devi succeeded in wresting the gun from him but the assailant made his escape good leaving his torch-light and chappals at the place of incident. Kanta Devi slumped down to the cot and slouched her head.