VED PRAKASH Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by Shri Ved Prakash (hereinafter called the ''appellant") challenging the judgment and order dated 3rd July, 1987 passed by an Additional Sessions Judge, Delhi, whereby the appellant was convicted under Section 302 Indian Penal Code . for intentionally causing the death of his wife Madhu Sharma and he was sentenced to undergo imprisonment for life and also to pay a fine of Rs. 10,000.00 (Rupees ten thousand only) and in default of payment of fine to suffer further R.I. for two years. A sum of Rs. 7.500.00 (Rupees seven thousand five hundred only) was ordered to be paid to the father of the deceased out of the fine, if and when realised.

(2.) The charge sheet in the case was filed under Section 279 and 304-A, Indian Penal Code . against the appellant with the allegations that on 8th June, 1981, the appellant while driving his Motor Cycle in a rash and negligent manner at about 10.30 or 11.00 P.M., caused the death of his wife who was sitting on the pillion seat of the Motor Cycle. The death actually took place in Dr.Ram Manohar Lohia Hospital at 6.05 A.M. on 12th June, 1981. From the time of her admission in the Hospital on 9th June, 1981 (as given in the M.L.C. Ex. Public Witness 4/A) the deceased remained unfit to make a statement till her death. The committing Magistrate, however, found a number of circumstances which according to him established on prime facie ground that it was actually a case of murder of the wife at the hands of her husband and exclusively triable by the Court of Sessions and he, therefore, committed the case to the Court of Sessions for trial under Section 302 Indian Penal Code .

(3.) The learned trial court, while convicting the appellant under Section 302 Indian Penal Code . for intentionally causing the death of his wife, took into account various facts and circumstances, some of them are as follows :-