ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal filed by the convicted accused/appellant arises out of the following facts :-

(2.) ON 30th July, 1991 at about 9.05 A.M., Ram Mehar PW-7 lodged a First Information Report Ex. PJ under Section 302 of the Indian Penal Code in Police Station Rai, to the effect that his sister Anita since deceased had been done to death by her husband Ishwar Singh-the accused appellant resident of village Garhi Bala. It was further mentioned in the report that the marriage between the two had taken place about 9 years earlier and that they had three young children that is two daughters and one son out of the wedlock. But as the appellant who was an agriculturist was in the habit of taking intoxicating drugs and drinks, the relations between the couple had become strained. It was further stated that efforts had been made by Anita's family to make the appellant mend his ways, though without success. It was further alleged that on 28th July, 1991, Ishwar Singh accused had given a beating to Anita while under intoxication and had told her to leave his house and when this information had been conveyed to him (Ram Mehar) he had come to village Gari Bala alongwith Dharam Singh-PW 8, his uncle from the brotherhood to make an enquiry as to what had happened and had advised the appellant to behave properly with his wife but he told them that it was not possible for him to live with her. It was further alleged that after the talk, the appellant and the witnesses i.e. Ram Mehar and Dharam Singh had gone to sleep in the court- yard, whereas Anita had gone to sleet on the roof. At about 11 p.m. on the night intervening 29/30th July, 1991, the two witnesses saw the appellant getting up from his cot saying that he would settle the matter on that very night and observed that appellant going up-stairs armed with a kassi and after causing an injury on the neck of Anita, run away after jumping down from the roof. When the two witnesses went up on the roof, they found that Anita had died, whereupon Ram Mehar-PW-7 leaving Dharam Singh at the spot came to his own village to inform his brothers and then went to Police Station Rai and lodged a report at 9.05 a.m. on 30.7.91 which was recorded by ASI Jagdish Chander PW.10 and the special report reached the Judicial Magistrate, Sonepat at 10.05 a.m. the same day, ASI Jagdish Chander accompanied by Ram Mehar complainant-PW 7 alongwith other police officials then went to the spot, examined the dead body, prepared the inquest report and also took into possession certain items relevant to the investigation. The appellant was arrested on 1st August, 1991 and on interrogation disclosed that he had kept concealed the murder weapon in his house and the kassi Ex. P.1 was, accordingly recovered at his instance. On completion of the investigation, the case was committed to the court of Sessions vide order dated 13th September, 1991 and the appellant was brought to trial.

(3.) THE statement of the appellant was, thereafter, recorded under Section 313 of the Code of Criminal Procedure, in which he pleaded innocence. The trial Court came to the conclusion that there was no delay in the lodging of the First Information Report; that the evidence of two eye witnesses that is Ram Mehar PW-7 and Dharam Singh PW-8, was wholly reliable and having held as above, came to the conclusion that the case against the appellant was made out and accordingly, convicted him for the offence for which he stood charged. Hence this appeal at his instance.