GANGA SINGH Vs. STATE

JUDGEMENT

(1.) The appellant Ganga Singh is challenging his conviction for an offence punishable under Section 302 of the Indian Penal Code. The sentence of life imprisonment imposed on him by the trial court vide order of 22nd March, 1986 has also been impugned herein. Apart from imprisonment for life, the appellant was sentenced to pay fine of Rs. 2.000.00 also. In case of his failure to pay the fine, the appellant was directed to undergo further R.I. for two years.

(2.) We have gone through the record with the assistance of Mr. O.P. Soni, learned counsel for the appellant. At the outset we may notice that the prosecution has been able to prove that on 10th July 1985 at about 8.30 A.M. the appellant herein starngulated his wife. We have carefully gone through the testimony of Public Witness . 3 Shri Raj Singh, who was the only eye witness. We agree with the finding of the trial court that this witness is trustworthy. His peresence at the scene of occurrence cannot be doubted as he is also an inhabitant of Shaheed Sukhdev Nagar, Industrial Area, Wazir pur. Delhi the occurrence took place at Jhuggi No. 448 and the witness was residing at Jhuggi No. 19 of that very area. It is unnecessary for us to notice the facts of the prosecution case all over again as Mr. Soni is not challenging that finding on merits. His contention is that the offence made out falls under Part-II of Section 304, Indian Penal Code. His plea is that the accused be released on the sentence already undergone by him.

(3.) According to Raj Singh, the appellant and his wife were quarrelling for about 15-20 minutes before the wife was strangulated. To quote from his testimony. "The accused was beating the deceased with fist blows. The quarrel was taking place at the door. I did not try to intervene in between the accused and the deceased. The accused and the deceased were grappling with one another. Sometime the deceased fell on the ground and sometime the accused fell on the ground. I did not see any injury on the person of the accused".