SATPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Additional Sessions Judge, Hissar, vide his judgment and order dated June 4, 1983, convicted Satpal, Jagdish and their father Zora Ram under section 302 read with section 34 of the Indian Penal Code and sentenced each of them to undergo life imprisonment and to pay a fine of Rs. 500/-. They were further convicted under section 120 B, Indian Penal Code, and identical punishment was awarded to them. The sentences of imprisonment were ordered to run concurrently. The convicts have come up in appeal.

(2.) The factual matrix of this case is that on April 22, 1982 at 9.35 a.m. Zora Ram appellant lodged a report (Exhibit PB) at Police Post Uklana that his son Jagdishs wife Somwati had committed suicide by hanging from roof of the chobara of their house situated in village Parbhuwala. The report was written in the daily-diary register by H.C. Prem Narain (P.W. 10). The latter went to the spot, found the chobara bolted from inside, pushed the door open forcibly and found that deceased Somwati was suspended with rope around her neck which had been tied with a hook on the roof. He prepared the inquest report (Exhibit PC) and despatched the dead-body for postmortem examination. The autopsy was performed by Dr. B.P. Sharma (P.W.1) who noted that both the legs were bluish black in colour from tip of the toe to the middle of the legs. On dissection of ligature mark the doctor found sub-cutaneous haematoma. Veins were congested and bluish black. Blood was seen coming out. Trachea was compressed anterioposteriorly. Cervical vertebrae Nos. 1 and 2 were fractured and spinal cord was found compressed. Face of the deceased was bluish in colour. Right and left lungs were congested and bluish. The doctor did not find external mark of any injury on the dead-body. He opined that the death was due to shock caused by injury to spinal cord and asphyxia and it was sufficient to cause death in normal course of events. The doctor further clarified that the death was due to hanging.

(3.) On April 28, 1982, six days thereafter, Mani Ram (P.W.4) father of the deceased Smt. Somwati addressed a written complaint (Exhibit PE) to the Chief Minister, Haryana, alleging that his daughter had been done to death by the appellants pursuant to a conspiracy. It was mentioned in the complaint that Hanuman (P.W. 2), 11 years old son of the deceased, was witness of the occurrence. On the basis of this complaint a formal first information report (Exhibit PE/3) was recorded at Police Station Barwala against the appellants who were eventually tried by the Additional Sessions Judge, Hissar.