PHOOL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE solitary appellant Phool Singh, the husband of the deceased Smt. Ramkali, has appealed against his conviction recorded by the learned Additional Sessions Judge, Mathura on the 30th of April, 1983 in Session Trial No. 217 of 1982, by being convicted for committing offence under Section 302 of the IPC. THE appellant was directed to suffer rigorous imprisonment for life.

(2.) IT is the written report, Ext.Ka.-1 of P.W.-1 Chokhey Lal, which was the basis for the prosecution of the appellant. IT was stated by P.W.-1 that the present appellant who was his full brother, was a man of bad habit, who used to indulge into a gambling and as a result thereof, had alienated immovable properties falling into his share. The appellant, at the same time, was an idler, who was the father of four little children and never went to work anywhere. The deceased, Ramkali used to impress upon him the need to labour so as to sustaining the life of the couple as also their children. But, the appellant used to retaliate his wife by beating her up. Counsel falling from his brothers also did not have any effect when the appellant used to be pointed out by them that his wife was right in asking him to work and labour for earning livelihood, else the appellant with his whole family would starve to death.

(3.) THE final allegation, which was made in the written report, was that on 14.05.1982 at about 3.30 p.m., while the informant was at his Nohra, when a boy came and informed him that the appellant was assaulting his wife Ram Kali. THE informant rushed to the house of the appellant and heard the cries coming out of it. Persons of the neighbourhood including Roshan Lal (P.W.-3) and Som Prasad had also arrived there and they all entered inside the house when this appellant rushed out of it from its eastern room. THE informant was asking the appellant as to why for, there was a commotion all around upon which the appellant was said to have stated that the informant and others did not have any business to enter inside his house and ran away from there. THE informant stated that when he and others entered inside the room, they found Ram Kali moaning in pain in a burnt up condition and she was imploring the informant and others that her husband had burnt her and they should save her. THE informant stated that he and others put water on her to extinguish the fire and came with written report Ext. Ka.-1 to the police station.