SHIV DHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN the early morning hours on 28th January, 1988 accused appellant Shiv Dhan son of Giani Ram resident of village Butana is stated to have killed his wife Om Pati while she was lying on a cot inside his residential room of the rented house situated in Khatik Mohalla, Ward No. 12, Gohana, by throtting her neck by pressing it with his own hands while sitting on her chest. The occurrence was seen by Jage Ram, his collateral and landlord who lives in front portion of the same house near the entrance gate and Budh Ram alias Pappu his own son aged 12/13 years. Om Pati is stated to have died on the spot.

(2.) STATEMENT Exhibit PJ of Jage Ram eye-witness to the occurrence Informing the basis of the First Information Report was recorded by ASI Siri Chand at old Bus Stand, Gohana, around 6.50 A.M. an 28th January, 1988. Formal First Information Report No. 33 was recorded in Police Station, Gohana, at 7.00 A.M. on the same day and the special report of the occurrence reached the area Sub Divisional Judicial Magistrate, Gohana, at 8.10 A.M. within two hours and forty minutes of the occurrence.

(3.) VIDE its impugned judgment dated 29th October,. 1988 learned trial court convicted the accused of the commission of the offence under Section 302 of the Indian Penal Code and vide his order dated 31st October, 1988 sentenced him to undergo, imprisonment for life and to pay Rs. 200/- as fine for his conviction aforesaid. In default of payment of fine convicted accused was ordered to undergo rigorous imprisonment for a further period of 15 days.