LAWS(SC)-1999-3-150

STATE OF HIMACHAL PRADESH Vs. JEET SINGH

Decided On March 15, 1999
STATE OF HIMACHAL PRADESH Appellant
V/S
JEET SINGH Respondents

JUDGEMENT

(1.) Death of an Armyman's young wife was depicted as a case of murder and the Armyman was sent up for trial. Sessions Court found it a murder and him the murderer. Consequently Jeet Singh, the respondent was convicted of uxoricide and was sentenced to imprisonment for life under Section 302 of I.P.C. But a Division Bench of the High Court of Himachal Pradesh held it to be a case of suicide and exonerated him of the charges. This appeal is by the State of Himachal Pradesh by special leave.

(2.) Sudarshana Devi, wife of accused Jeet Singh, was a young, fair and fashionable lass, but "Leucoderma" in its nascent stage had erupted small white patches on her bosom. This became the cause of dislike for her husband towards her as he mistook it to be a kind of leprosy. Though their marriage was solemnised more than three years before her death Jeet Singh was spending most of his days in the Army field except for short intervals when he used to go home availing himself of the annual leave. So Sudarshana Devi had to remain in her nuptial home mostly without her husband nearby, but putting up with the unsavoury epithets intermittently hurled by her mother-in-law and young sister-in-law at her.

(3.) Jeet Singh went home in April 1987 for his annual leave. He and his wife Sudarshana Devi left together in his family house at Lahar Village (Hamirpur District), Himachal Pradesh. On the fateful night the couple went to bed in the "Overy" (which is said to be a bedroom of the house) but on the next morning Sudarshana Devi was found dead. The shocking news was conveyed to her father who rushed to the house and saw the dead body of his daughter. As he entertained doubts about some foul play he decided to report the matter to the police. He did it telephonically and the police arrived at the scene promptly. They held the inquest on the dead body and sent it for post-mortem examination. Three doctors of the local district hospital conducted a joint post- mortem examination and it was then revealed that death of Sudarashsna Devi was by smothering.