RAM KISHORE Vs. STATE

JUDGEMENT

(1.) RAM Kishore, appellant, has been convicted of an offence of murder punishable under Section 302 IPC of having caused the death of his own wife intentionally or knowingly during the intervening night of 17th and 18th April, 1986 at House No. 284 Lane No. 1, village Shalimar Bagh, Delhi vide judgment dated July 31, 1989 by an Additional Sessions Judge and vide a separate order of the even date, he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/ - and in default of payment of fine to undergo simple imprisonment of three months more. The convict has challenged his conviction and sentence by filing the present appeal.

(2.) FACTS of the case, in brief, are that PW. 1 Murti Devi, resident of House No. 284 Lane No. 1, Village Shalimar Bagh, Delhi had one daughter namely Vidyawati, since deceased. Vidyawati was earlier twice married to different persons, but had apparently separated from those husbands without their being any legal divorce -proceedings taking place and she was married to the appellant who was also having this as his second marriage, his previous wife is stated to have died due to burns. This marriage took place in the year 1981 or so i.e, five years prior to the occurrence. Two sons have been born to the said couple. They were aged about four and two years respectively at the time of occurrence. The appellant is a resident of Village Kharkhoda, District Meerut in U.P. After marriage, the couple started living in that village.

(3.) THE case of the prosecution is that the appellant was not treating his wife properly as he could not provide her proper food and clothes and used to beat her and harassed her for bringing more money from her mother. A complaint was made by Murti Devi to the Police Post in -charge Shalimar Bagh on October 4, 1985, copy of which is Ex. PW1/B. It is alleged that a week before the occurrence the couple along with their two sons were visiting Murti Devi and at that time Vidyawati, deceased, required her mother to shell out Rs. 1,000/ - for constructing a house in the village of the appellant but Murti Devi mentioned that she was not in a position to arrange such money and thereafter the appellant along with his elder son left the house and Vidyawati with her younger son stayed back as Vidyawati had suddenly become ill.