MANOHAR LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE charge against the three appellants was that they on May 1, 1980, at about 8. 30 AM at Hoshiarpur, in furtherance of their common intention which was to murder Smt, Vanita (known as Chainchal before her marriage), wife of Manohar Lai appellant, did commmit her murder by intentionally causing her death thereby committed an offence punishable under Sections 302/34, I. P. C. The learned trial Judge vide his judgment and order dated 9-12-1980 convicted all the three appellants under Sections 302/34, I. P. C. and awarded them imprisonment for life each.

(2.) IT is a case of bride burning, Chainchal alias Vanita deceased, daughter of Jagdish Ram P. W. 10, was M. A. in Instrumental Music, She could not be given away in marriage till she was 31 or 32 years old probably because her father, who was a retired Government servant, could not find a suitable match for her. She was ultimately married to Manohar Lal appellant on June 21, 1978. Manohar Lai appellant was earlier married to Usha Rani daughter of Shri Tirath Ram Sharma, P. W. 9 in the year 1973. Smt, Usha Rani was serving as a Nurse at Madho-garh in Mohindergarh district. That marriage ended up in a divorce by mutual consent. Manohar Lai appellant married another girl belonging to Pathankot but kept this fact a secret from Chainchal deceased and her father when his marriage was solemnised with her. He was employed in the State Bank of India at Mukerian but his mother Smt. Ram Rakhi appellant used to live at Hoshiarpur. Tha deceased wanted to live with him at Mukerian but he declined to take her with him to that place and told her that she could either live at Hoshiarpur with his mother or she could live at Patiala with her parents. He told her that under no circumstances would he take her to Mukerian. It is also alleged that he used to flirt with one Tripta a married lady in her presence. Chainchal deceased was being maltreated by Smt. Ram Rakhi appellant on the ground that she did not bring sufficient dowry. This appellant told the deceased to cook her own meals, quarrelled with her over trifling matters, continued telling her that she should get out of her house, administered her taunts and proclaimed that she could get her son married again which would mean a dowry of about rupees one lac for him. The letters Exs. P-ll to P-22 addressed by the deceased to her father Jagdish Ram, P. W. 10 contained inter alia all these allegations and show that Manohar Lai appellant and his mother Smt. Ram Rakhi appellant were in reality wolves masquerading in the form of human beings. We shall refer to these letters at a later stage.

(3.) MANOHAR Lai appellant had come on leave in connection with the purported illeness of his mother from April 22 to May 17, 1980. On May 1, 1980, Chainchal deceased suffered multi- ple extensive superficial burn injuries almost all over her body in the house of the appellants Nos. 1 and 2 at about 8. 30 A. M. Manohal Lai appellant took her in a jeep to the Civil Hospital, Hoshiarpur, where she was examined by Dr. N. K. Gulati, P. W. 1 at 11. 10 A. M. The Doctor observed: On Examination I found multiple extensive superficial burns all over the body except on both the soles and central portion of the back, about 2" on the sides of mid spinal line, with skin peeled off at many and different places. Burns had bright red margins with extensive blood stained serious discharge present. Stiffness of both upper and lower limbs present along with oedema of the face. Whole of the body was naked except a piece of cloth with Nala (string) inside present around the waist line. Patient was semi-conscious and was responding to louder questions. Pulse was 124 per minute and feeble. Blood pressure was 60. Respiration was 28 per minute. The condition of the injured was dangerous due to burn injuries which were fresh. Ex P-A is the correct carbon copy of the medico-legal report which was prepared by me along with the original.