KHARAITI RAM PARSHOTAM Vs. STATE

JUDGEMENT

(1.) IN this appeal which is brought by Kharaiti Ram against his conviction under Section 302, penal Code, and sentence of transportation for life for the murder of his wife Bimla, the sole point to be decided is whether the facts constitute murder or a lesser offence.

(2.) KHARAITI Rani appellant is aged twenty years and was married to Bimla some six or seven years before the occurrence. Some fifteen days or so before the murder, which was on 3-3 1952, kharaiti Ram noticed that his wife was not of good character. On two occasions, that he went to his mother-in-law's residence, which was nothing more than a mere shop, he found that the outer door was locked from inside and his wife was with a fruit seller whose name has not been disclosed. On one of these occasions she was 'in flagrante delicto'. He had forgiven his wife for these delinquencies, but he warned her not to continue her liaison with this fruit seller and at the same time he purchased a knife, Ex. P. 2, from a shop near the Clock Tower and also warned his wife that if she continued to misbehave, he would murder her and then commit suicide. He hid this knife in the roof. On the day of occurrence at about 11-30 A. M. while Kharaiti Ram was about to go out with his 'chhabri' he warned his wife not to go to her mother's house and after having agreed not to go she insisted that she would go and if he stopped her she would run away from the house. The accused then called her to help him to pick up the 'chhabri'. He went upstairs, brought the dagger concealed in his pull-over and when he came near Bimla, he caught hold of her, took her inside the house, chained the doors and gave her several dagger blows as a result of which she died. He came out of his house holding the bloodstained knife. His shirt was also bloodstained and he mentioned to Lekh Raj and Babu Ram, both P. Ws. , that he had murdered his wife as she did not obey him. The knife was taken from him by Lekh Raj and Babu ram and he (Kharaiti Ram) took both of them into the house and showed them where his murdered wife was lying. Kharaiti Ram was then taken to the police station, by these two witnesses.

(3.) BEFORE the Additional Sessions Judge the fact of the liaison was deposed to by Rattni, the mother-in-law of the accused, and the ill-treatment of the wife by the husband was deposed to by kamla, a sister of Bimla. The fact that the accused came out of the house with a bloodstained knife and then took Lekh Raj and Babu Ram into the house and showed them the murdered woman is deposed to by Lekh Raj and Babu Ram. There is also evidence to show that Kharaiti ram produced the knife. Besides this evidence there is the confession of the accused which was made before a Magistrate. All this evidence was believed by the learned Additional Sessions judge who convicted the accused under Section 302, Penal Code, and awarded him transportation for life.