RAM KISHORE Vs. STATE

JUDGEMENT

(1.) Ram Kishore, appellant, has been convicted of an offence of murder punishable under Section 302 Indian Penal Code of having caused the deathof his own wife intentionally or knowingly during the intervening night of 17thand 18/04/1986 at. House No. 284 Lane No. 1, Village Shalimar Bagh, Delhivide judgment dated 31/07/1989 by an Additional Sessions Judge and vide aseparate order of the even date, he has been sentenced to undergo imprisonmentfor life and to pay a fine of Rs. 1,000.00 and in default of payment of fine toundergo simple imprisonment of three months more. The convict has challengedhis conviction and sentence byfiling the present appeal.

(2.) . Facts of the case, in brief, are that PW.1 Murti Devi, resident of HouseNo. 284 Lane No. 1, Village Shalimar Bagh, Delhi had one daughter namelyVidyawati, since deceased. Vidyawati was earlier twice married to differentpersons but had apparently separated from those husbands without their beingany legal divorce proceedings taking place and she was married to the appellantwho was also having this as his second marriage, his previous wife is stated tohave died due to burns. This marriage took place in the year 1981 or so i.e. fiveyears prior to the occurrence. Two sons have been born to the said couple. Theywere aged about four and two years respectively at the time of occurrence. Theappellant 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 wifeproperly as he could not provide her proper food and clothes and used to beather and harassed her for bringing more money from her mother. A complaintWas made by Murti Devi to the Police Post Incharge Shalimar Bagh on 4/10/1985, 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 thattime Vidyawati, deceased, required her mother to shell out Rs. 2,000.00 for constructing a house in the village of the appellant but Murti Devi mentioned thatshe was not in a position to arrange such money and thereafter the appellantalong with his elder son left the house and Vidyawati with her younger sonstayed back as Vidyawati had suddenly become ill.