ATMA RAM S/O TILAK RAM Vs. STATE

JUDGEMENT

(1.) ATMA Ram charged for his wife's murder at about 1-0 p. m. on 6th May 1964, in village Dhaula was found guilty of this offence by the Sessions Judge, Barnala, and has been sentenced to undergo a term of life imprisonment under Section 302, indian Penal Code. This appeal of Atma Ram is directed both against his conviction and sentence.

(2.) THE deceased Parsini was a middle-aged woman like the appellant and they had been married for some years. The couple had grown-up children, and it appears that their relations have not been quite friendly. She did not possess a very good temper and had quite a pungent tongue. Somewhere in 1958, she was given a beating by her husband and her brother Lal Chand, P. W. 10 got her medically examined on 10-5-1958 by one Dr. Sardul Singh, P. W. 2. This matter was brought before the Panchayat and perhaps on their intervention no criminal case was brought against her husband. The appellant and his wife have also been in the habit of accusing each other of leading immoral lives.

(3.) ON the 6th May 1964, at about 1-0 p. m. the appellant called his wife in the sabat for massaging his belly. Their young son Giana, aged 7/8 years, was also present at that time. Parsini took this unusual demand as an overture for cohabitation and reacted somewhat sharply by saying:-"bhain dia yara, chouthe bhain kolon visha pura karke auna si. " (You should have satisfied your lust with your sister whom you went to see three days ago ). The appellant on hearing these words gave a blow with the wrong side of the kulhari on the left side of neck of Parsini bringing her low on the cot lying nearby. Thereafter, he gave three or four blows with the wrong side or the kulhari near her left ear. Dev Raj, a neighbour, hearing the shrieks climbed the roof and came over the kotha of the appellant and saw him giving injuries to his wife. Parsini must have died instantaneously and the appellant left the house after having concealed the kulhari. Giana, the young son of the appellant and deceased, went crying to Gurbachan Singh son of Pala Singh. Zora Singh, and Achhru ram and narrated the incident. They all went to Kartar Singh, another neighbour. Bir Singh Sarpanch was apprised of this incident and in the company or some other persons he visited the spot. After having informed himself about the details of the occurrence, Bir Singh Sarpanch deputed Kartar Singh, another Panch, to lodge a report at the police station. Kartar Singh proceeded to the police station and in the way also met the appellant who made a confession about his guilt and told him that he had killed Parsini a fit of anger after she had told him that he should have satisfied his lust with his own sister. The report was lodged at Police Station Dhanaula, at 4-30 p. m. the police station being six miles from village Dhaula.