OM PARKASH Vs. STATE

JUDGEMENT

(1.) The appellant Om Parkash, by the impugned judgment dated 27.07.1998, has been convicted under Section 302 of the Indian Penal Code, 1860(for short 'IPC') for murder of Vandana stated to be his second wife. Simultaneously, he has also been convicted under Section 27 of the Arms Act, 1959. By order on sentence dated 28.07.1998, the appellant has been sentenced to imprisonment of life and fine of Rs.10,000/- under Section 302 IPC and rigorous imprisonment for seven years and fine of Rs.10,000/- under Section 27 of the Arms Act. In default of payment of fine, he is to undergo rigorous imprisonment for three months for each of the above mentioned offences. The sentences run concurrently and benefit of Section 428 of the Code of Criminal Procedure, 1973 ('Code' for short) has been given.

(2.) The aforesaid conviction arises out of FIR No.904/1995 P.S. Patel Nagar which was registered under Section 302/498/304-B IPC and Section 27 of the Arms Act, 1959.

(3.) Homicidal death of Vandana by gunshot wound has been proved beyond doubt and is not challenged by the appellant. Vandana was taken to DDU Hospital at about 10:15 am on 13.12.1995 and was declared brought dead as per MLC Ex.PW12/L. The MLC records that the deceased had an alleged history of gunshot and gunshot wound was found on the left side of the chest and back side of the thoracic lower lumber region. Entry and exit wounds were present. The aforesaid MLC was proved by SI Mahinder Singh (PW12) whose testimony, we will refer to subsequently. Post mortem was conducted by Dr. L.T. Ramani (PW29). As per the post mortem report Ex.PW29/A, the deceased aged 25 years had one oval punctured wound on the left front side of the chest, but there was no blackening or tattooing around the wound. There were three punctured laceration on the lower part, back of the chest and upper back of abdomen. There were two round vulgining with pellets like feel beneath on the right side back of the chest. On internal examination, PW29 has opined that the injuries were ante mortem and caused by firearm (gunshot) and was sufficient in the ordinary course of nature to cause death. Injury No.1 was a wound of entry and injury No.2 and 3 were the exits. Death was due to shock, haemorrhage and consequent to the injuries. Time since death was about 30 hours. The post mortem was conducted between 2:30 pm on 14.12.1995.