ZILEY SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition under section 439 Cr.P.C. has been moved by Ziley Singh who had been arrested in a case registered under section 302 IPC resultant on the death of his wife, named Vidya. It is alleged that the deceased was found in her house lying on the floor by her brother Mast Ram who visited her at about 4 P. M. on 7th May, 1989 and she revealed to him that her husband had beaten her with lathi. She died shortly thereafter. On police being informed, she was taken to hospital by ASI Sis Ram of police post Kaparhers, police station Najafgarh and the entry at 6 35 p.m. on 7th May 1989 in Deen Dayal Upadhyay Hospital is as having teen brought dead. The post-mortem revealed 18 injuries on her person and the opinion of the doctor is that the cause of death was peripheral circulatory failure resulting from collective injuries inflicted on her. The case was registered on the basis of the statement given to the police by the aforesaid brother of the deceased Mast Ram on the very evening.

(2.) MR . Bawa appearing for the petitioner argued vehemently that it cannot be a case prima facie of offence under section 302 IPC even if it were to be presumed at this stage that it was the petitioner who had caused her injuries, for the reason that none of the injuries was on any vital organ and no injury had been opined to be sufficient to cause death. He extensively read from the postmortem report to stress his argument that the injuries were on various parts of the body but only in the nature of abrasions and bruises and that the very fact that no injury was caused on any vital organ would lead to the inference that the petitioner did not intend to cause death of his wife but only wanted to teach her a lesson because be felt that she was having illicit relations with his brother.

(3.) ALL the aforesaid cases, as already noted, were after complete trial and the observations came at the stage of first or second appeal whereas in the present case the trial has not yet commenced and the evidence indicative of the intention and other relevant factors have yet to be examined and appreciated by the trial court.