OM PARKASH TILAK CHAND Vs. STATE

JUDGEMENT

(1.) OM Parkash, a clerk in the office of the District Inspector of Schools, Ludhiana, has instituted an appeal in this Court from his conviction under Section 807, indian Penal Code, and the sentence of three years' rigorous imprisonment passed by the Additional Sessions Judge, Ludhiana. The police had challaned besides Om parkash, his mother Dwarki Devi, and his brothers Romesh Chander and Surinder. The Committing Magistrate discharged Romesh Chander and Surinder, and committed to the Court of Session Om Parkash and Dwarki Devi for trial under section 307 read with Section 34, and under Section 342, Indian Penal Code, dwarki Devi has been acquitted. The Sessions Judge also found that the charge under Section 342, Indian, Penal Code, was not proved against Om Parkash.

(2.) THE offence under Section 307, Indian Penal Code, is alleged to have been committed under circumstances which in some ways are unusual.

(3.) THE prosecution story as stated by P. W. 7 Shrimati Bimala wife of the accused, is that she was married to Om Parkash on 5th of October, 1951, when she was 20 years old. She lived with him at Ludhiana for about a year and the marital relations, to start with, were happy for a short while, but soon after there was estrangement. This led her brother to take her away to Ambala where she stayed with him for one year. This was in 1953. On being assured by the maternal uncle of the accused that she would not be maltreated, she returned to her husband. But tile domestic felicity did not last for long and bickerings and quarrels started again. At the time of marriage it was said that she was in good health, but later on owing to maltreatment and deliberate under-nonrishment her health deteriorated. It was also alleged, that she used to be often beaten by the accused and also by his mother Dwarki Devi. It is then said that on one occasion, her mother-in-law called her upstairs and when she reached the topmost step, she was asked to stop; and then Dwarki pushed her and Bimla went tumbling down. She sustained many injuries, as she struck against the edges of the steps. According to Bimla Devi, her mother-in-law and her husband expressed their annoyance at her not having brought any cash in the dowry, and the mother-inlaw used to say that if Bimla were to die, she would marry her son in a rich family. Bimla also said that in 1956, she was deliberately starved and was not allowed to leave the house and some times a morsel or so used to be thrown to her "as alms are given to a beggar". She was not allowed to contact anybody outside the house. She stated that she was denied food for days together and water was given to her to drink in the same utensil which was kept for ablution when going to the latrine. Sue also complained that after being kept without food for some days she used to be given gram husk mixed in water after 5 or 6 days. In the month of April, 1956, she managed to go out of the house but she was caught hold of in the bazar by Romesh and Surinder. brothers of her husband, she was forcibly dragged inside the house, and severely beaten. From that day, she said that she was kept in a room which used to be locked from outside.