YOG RAJ Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Additional Sessions Judge convicting the appellant Yog Raj under Section 302 Indian Penal Code and sentencing him to imprisonment for life and further under Section 27 of the Arms Act to rigorous imprisonment for five years. Both the sentences were directed to run concurrently.

(2.) The deceased Chander Kanta was the daughter of Phool Singh (Public Witness 1), a constable of the P.S. Original Road, Delhi and married to the accused on 8-3-1976. She had a baby of three months old at the time of her murder. The accused and his mother bad strained relations with the deceased because she did not bring dowry in her marriage. On 11-10-1977 Chander Kanta lodged a report (Ex. Public Witness IO.I) at the police station Karol Bagh that she was beaten and turned out of the house on 24-9-1977. She went to her father's house but he brought her back and left her at her matrimonial home five/six days thereafter. She was again turned out but without her baby. She apprehended danger at their hands. From the statements of ASI Sis Ram (Public Witness 10) and Avtar Singh (Public Witness II), it appears that the matter was settled between the couple. Thereafter she went to her father's house and again returned to the matrimonial home. On 29-11-1977 she again lodged a report in the police post Tank Road, vide Ex. Public Witness 5)A, expressing the same grievance and same apprehensions, and came to the house of her parents at about 6 or 6.30 p.m. on that date. The accused Yog Raj with his brother Jugal Kisbore came in their car to the house of Phool Singh at 11.30 p.m. Upon persuasion of some neighbours, Phool Singh (Public Witness I ) agreed to send Chander Kanta back with Yog Raj in their car. On 30-11-1977 after about 6.00'6.30 a.m. Phool Singh (Public Witness I) went to see Chander Kanta and to deliver a few clothes to her. But what he found that she was lying dead on a dan spread on the floor of the room. He left the place and on way he chanced to meet Inspector Bhim Singh (Public Witness I 8) who was patrolling the area on foot. He recorded his statement (Ex. Public Witness 1/A) and sent it to P. S. Karol Bagh where FIR (Ex. Public Witness 12JA) was recorded at 7.15 a.m.

(3.) The case of the prosecution is that the accused had slept with his wife in the preceding night and had awakened her at about 4 or 5 a.m. on 30-11-1977 and told her to attend to the domestic work which she declined to do. Thereupon, the accused attacked her with a knife and killed her. With the same knife still stained with blood, he proceeded to report the matter to the police. On way, he met Balak Ram (Public Witness 6) who was returning from his morning walk at 6.20 a.m. and told him that he had killed his wife with the knife and that he wanted to surrender at the Tank Road police post. Balak Ram (Public Witness 6) went with him to 'the police post and Sultan Singh ASI (Public Witness 15) recorded the report (Ex. Public Witness 15U) in the daily diary and took the knife and blood stained bush shirt worn by the accused in his possession and telephoned the police station Karol Bagh. Sultan Singh sent S. 1. Nand Kishore with constables Pritam Singh (PW16) and Lakshmi Narain (Public Witness 4) to the house of the accused to guard the spot. He informed the duty officer of the police station, Karol Bagh. The duty officer, Balbir Singh S.I. (Public Witness 12) had in the meanwhile received a report (Ex. Public Witness 1/A) in writing and a case under Section 302 had already 'been registered on the ruqa sent by Bhim Singh (PW18).