NAGESHWAR SHAH Vs. STATE

JUDGEMENT

(1.) Nageshwar Shah of Village Pamay Paur, Bihar is convicted by the Additional Sessions Judge, Delhi in Session's case No. 50/86 on 20/03/1989 for the offence punishable under S. 302 of Indian Penal Code and S. 27 of Arms Act and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/- and in default to suffer SI for four months under Section 302 of Indian Penal Code and to suffer-RI for two years under Section 27 of Arms Act.

(2.) Deceased Meena was married to the present appellant about one year prior to the date of incident which took place on 14/04/1986. Deceased Meena was aged about 14-15 years at the time of the incident and the appellant was aged about 30-32 years. It seems that due to the difference of age Meena did not want to live with her husband Nageshwar and there were frequent quarrels between the two and they used to fight physically also. On 6/04/1986 first informant Indla wife of Jagdish had gone to the house of the present appellant. There she came to know from Meena as, well as from her neighbours that there used to be quarrels between them and they also used to fight physically. Meena had also told Indla that her husband was always threatening to kill her. The neighbours of Meena also advised Indla to take her with her in the interest of Meena. Therefore, Indla thought that if Meena was taken with her and if she was properly convinced there would be a proper union between the two after some time. Therefore on 6/04/1986 she brought Meena to her house in Harijan Basti, Peepal Thala, Delhi. On the next day of her coming with Indla her husband, present appellant Nageshwar had come to the house of first informant Indla. There he told both Indla as well as Jagdish that they should send Meena with him but he was told by Jagdish that Meena would live with them for some days and after passage of time everything would be alright and thus they refused to send Meena with present appellant Nageshwar. At that time Nageshwar had threatened them of dire consequences of refusal to send Meena and he went away.

(3.) On 14/04/1986 appellant Nageshwar came to the house of first informant Indla at about 10.00 a.m. At that time only India and Meena were present in the house and Indla's husband P.W. 3 Jagdish had gone to market as he was a vegetable vendor. After reaching the house of Indla he asked Meena to accompany him to his house but Meena refused to go with him. Thereupon accused took out a knife and he started giving blows of the said knife on Meena at random on her neck, stomach, back and other parts of the body. On seeing the same P.W. 2 Indla went out of the room and raised hue and cry and thereby attracted her neighbours. She had raised cry that the girl was being assaulted by a knife. Thereupon P.W. 4 Duli Chand and P.W. 5 Nannu Ram rushed to the house of Indla. At that time they found that Meena was lying on the ground with injuries on her person in varandha of the house. On seeing them Nageshwar the present appellant told P.W. 5 Nannu Ram that he was not going to run away. He went inside the house of Indla and then he started giving blows of knife on his neck, stomach and other parts of his body. On seeing the same Nanu Ram rushed ahead and thereupon appellant threw away the knife and felt down. Thereafter P.W. 2 Indla ran to the vegetable market in order to inform her husband of the said incident. When she was away from her house the police van happened to come there. There they found that Meena had succumbed to the injuries sustained by her and appellant was alive. Therefore, they lifted him and rushed him to hospital. After he was lifted and rushed to the hospital. P.W. 2 Indla returned to her house along with her husband Jagdish. By that time SHO of Adarsh Nagar Police Station came there. He there recorded the first information report of Indla which was registered as FIR No. 112/86. Thereafter he proceeded with the investigation of the offence. He seized the knife which was lying there. He also prepared a panchanama of the scene of the offence. At that time he had collected blood stained earth and simple earth. He also lifted blood stained pillow and one gunny bag. He then recorded the statements of P.W. 4 Duli Chand. P.W. 5 Nannu Ram and then he arranged to send the dead body of Meena to the hospital for post mortem. Accordingly P.W. 13 Dr. L. T. Ramani had carried out the post mortem on the said dead body. He had also forwarded the attached articles seized in the house of the first informant on the day of the incident to the Central Forensic Science Laboratory and on the completion of the investigation he sent up charge-sheet against the present appellant.