GUCHCHAN Vs. STATE

JUDGEMENT

(1.) THE Appellant, Guchchan has been convicted by the learned Sessions Judge of Rampur, Under Section s. 302, IPC and 307, IPC and has been sentenced to life imprisonment Under Section 302 IPC and five years' rigorous imprisonment Under Section 307 IPC. The sentences have been ordered to run concurrently. It is alleged that the Appellant committed the murder of his wife Srimati Sharifun Nisa on 24 -6 -59 after midday and made an attempt on the life of Mr. Bashiran.

(2.) THE prosecution case is that Srimati Sharifun Nisa or Sharifun was married to the Appellant about five years ago and for about two months before the incident, the Appellant was living with his wife at the house of his mother -in -law. Srimati Bashiran in mohalla Bajori Tola, Rampur. On the date of the incident, a ceremony, known as Bismillah ceremony, of a niece of the Appellant was to be performed. In that connection the Appellant had gone to the house of his brother earlier in the day. At about 2 -30 p.m. the Appellant came to the house of his mother -in law and asked his wife Smt. Sharifan to give her ornaments as he wanted to present them to his niece. Smt. Sharifan refused to give the ornaments, but on the persuasion of her mother, Smt. Bashiran, gave the ornament known as 'karas' to the Appellant and refused to give other ornaments. Smt. Sharifan, while giving the karas to the Appellant, threw them towards the Appellant. The Appellant took the karas and twisted them and then threw them away. The Appellant then began to strike Smt. Sharifan with a knife. Three knife blows were struck on the abdomen of Smt. Sharifan. When Smt. Bashiran, the mother -in law of the Appellant, advanced to the rescue of Smt. Sharifan, the Appellant struck her also with the knife and caused injuries on her arm and chin. Smt. Bashiran's cries attracted witnesses to the scene. The Appellant then ran away with open knife in his hand. The persons, who had collected there, then took both Smt. Sharifan and Srimati Bashiran to police station on cots and there a report was lodged by Srimati Bashiran. Both Srimati Sharifan and Srimati Bashiran were sent to the Sadar hospital at Rampur where their injuries were examined. Smt. Sharifan died at the hospital on the next day at 10 -25 p.m. At the hospital the dying declaration of Srimati Sharifan was also recorded. After Srimati Sharifan's death, her body was sent for post mortem examination. On post mortem examination it was found that there were three incised wounds on the person of the deceased, Injury, No. 1 was 31/2" X3/4X abdominal cavity just below the right costal margin and the liver had a superficial cut. Injury No. 2 was 6" Xl1/4"X abdominal cavity on the left side of the abdomen cutting the 10th, 11th and 12th left rib cartilages and perforating the intestine at one place. The third injury was 3"X1"X11/4" on the left inhuinal region.

(3.) THE evidence on record amply proves that the Appellant gave knife blows to his wife on her abdomen and he also inflicted knife injuries on her mother -in -law Srimati Bashiran. It is no use to recapitulate all that evidence in detail as it is not challenged on behalf of the Appellant that he caused injuries to Srimati Sharifan and Srimati Bashiran with a knife. The contention of the Learned Counsel for the Appellant is that the case does not fall Under Section 304 IPC and is covered by Exception I to Section 300 IPC. His argument is that on account of Smt. Sharifan's throwing the ornament at the Appellant's face and using vulgar language, the Appellant was deprived of the power of self -control and in that state of mind he inflicted those injuries. There is no evidence that Srimati Sharifan used vulgar language. It is mentioned in the FIR that Smt. Sharifan threw karas towards the Appellant. The sessions Judge has also found that the karas were actually flung before the Appellant by Srimati Sharifan. The fact appears to be this that Srimati Sharifan was at first unwilling to part with any ornaments of hers but when her mother also pressed her to give some ornaments to the Appellant, Srimati Sharifan took out her karas and threw them towards the Appellant. It may be mentioned that these karas were the property of Srimati Sharifan and the Appellant had no right to demand them from her. Srimati Sharifan was not willing to part with her ornaments. She parted with the karas only when her mother also asked her to do so. In these circumstances she must have naturally resented giving away her karas and so it was quite natural on her part to throw them towards the Appellant expressing by this gesture that she was giving them reluctantly.