RAM CHAND Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this appeal Ram Chand and his wife Harbans Kaur, residents of Shaheed Bhagat Singh Colony, Ludhiana. have questioned the judgment dated October 26. 1983 of the learned Sessions Judge, Ludhiana, by which they were convicted under section 302 read with section 34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life.

(2.) In. brief the prosecution case in that Ram Chand, appellant had kept the murder victim parkash, has a mistress in his house. This was resented by the appellant Harbans, Kaur On 30th of October. 1982 At about, 10.00 p.m. Waryam Singh (PW 10) noticed that the appellants were quarreling With Parkasho. On the next morning i-e on October 31. 1982 at about 10.00 a.m. Ascharaj Lal (PW. 9) went to the house of the appellant to deliver some woollen jerseys for repair to Harbans Kaur. In the past also he had been getting woolen jerseys repaired from her. He found that the house was locked from outside. He, however, noticed that some blood was seeping out of the room near the door. He peeped through the window which was open and saw that Parkasho was lying dead in a pool of blood. He went to the Police Station Focal Point, Ludhiana, and lodged the First Information Report (Ext. PF) which as recorded by Assistant Sub-Inspector Teja Singh (PW 13). This Police Officer went to the house of the appellants and broke open the lock of the door and found the dead body of Parkasho lying inside the room. He collected blood-stained earth from there. He also took into possession a torn piece of cloth and some broken bangles of red colour which were lying - there. He noticed that the deceased was holding a lock of hair in her right band. He took into possession the same also. A blood-stained qhotna (Exhibit P. 1) too was recovered by him from the spot. He prepared the inquest report (Exhibit PC) and despatched the dead-body of Parkasho for post-mortem examination. Autopsy on the dead body was performed by Dr. Nirpal Singh (PW. 1) who found the following injuries thereon: 1. Irregular lacerated wound 2 X 1 with intervening tissue missing, on the parietal region, 31/2 above the right ear. 2. Lacerated wound 1 X 3/4 X bone deep, 1 behind injury No.1 on the right parietal region. 3. Lacerated wound 1 x 1/4 bone deep. 2h/2T above the upper end of right ear, on the right parietal region. 4. Incised wound 11/2 x 1/4 bone deep on the occipital resion of the scalp. 5. Abraided bruise over the area of 6 x 3 On the outer aspect of left side of forehead, extending downwards on the left side of the face, in front of left ear. 6. Abrasion 1 x 1/2 on the left side of the face, 1 below injury No.5. 7. Abrasion 1 X 1 X 1/4 on the left side of the. face, extending upwards from left angle of mouth. 8. Bruise over an area of 3 X 3 around the umbilious The doctor opined that injury No.2 was individually sufficient to cause death in the ordinary course of nature.

(3.) The appellants were produced before the police on November 10, 1982 by Darshan Singh (PW. 11) and they were arrested by Sub-Inspector Baljinder - Singh (PW. 14). There were some stains of blood on the Sandals worn by Harbans Kaur appellant, therefore, he took the sandals in possession. He also took into possession three glass bangles adorning her left arm. He interrogated Ram Chand appellant on November 11, 1982 and in pursuance of his disclosure statement recovered a blood-stained kulhari (Ext. P. 2) as also trousers (Exhibit P. 14) and shirt (Exhibit P. 15) which were also besmeared with blood. He produced Harbans Kaur appellants before Shri S. S. Gill Executive Magistrate (PW 8) on November 12, 198 and in his presence obtained sample of her hair. The sample and the lock of hair recovered from the first of the deceased were sent for comparison and they were found matched the piece of cloth which had -been recovered by the police from the spot also matched with the, shirt (Exhibit ,P. 15), got recovered by Ram Chand appellant