SMT. SHUGNI Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal appeal raises a question of law as to the right of the husband qua the person of the wife, Smt. Shugni, appellant, was brought to trial on a charge of a murderous assault on her husband P. W. Ram Dhari before the Court of Session at Karnal. She stands convicted under section 307, Indian Penal Code, and sentenced to rigorous imprisonment for A 1/2 years and a fine of Rs. 50/ - or in default thereof a further rigorous imprisonment for two months by the Judgment of the learned Additional Sessions Judge, Karnal which is now under appeal.

(2.) THE marriage of the appellant with her husband P. W. Ram Dhari took place about 9 or 10 years ago. By an archaic yet prevalent custom termed as watta satta the father's daughter of P. W. Ram Dhari named Mst. Phillo was to be married to Punna Ram, the brother of the appellant in exchange for her. However, before this marriage of Punna Ram could be consumated, he suffered an attack of paralysis and consequently the father of Smt. Phullo declined to marry his daughter to him. The parents of the appellant apparently reacted and retaliated by refusing to perform the muklawa ceremony of the appellant and P. W. Ram Dhari had to agree to a payment of Rs. 3000/ to them as further consideration for the same. Out of this amount, Rs. 1000/ -still remains outstanding. At the relevant time the husband of the appellant was serving in the armed forces, and on his yearly vacation he used to come and take the appellant from her parents' house to live with him. It appears that during these visits Hira, the brother of Smt. Phullo occasionally used to come to the house of P. W. Ram Dhari and because of the earlier snapping of the engagement between his sister and the appellant's brother she resented these visits. About three months prior to the present occurrence P. W. Ram Dhari secured his discharge from the military service and went twice to the house of his parents -in -law to bring the appellant but because of some tension betwixt them the appellant herself and her parents were reluctant to send her with Ram Dhari P. W. Nevertheless about 15 days prior to the incident P. W. Ram Dhari did bring the appellant to live with her in his house despite the fact that her father was lying ill. Hardly two days had elapsed when her father died and she returned to the parental home accompanied by her husband. Shortly after this Ram Dhari P. W. again wanted to take the appellant back to his house whilst the appellant and her brothers resented this and wished her to stay on in the parental home during the period of mourning and a quarrel regarding the same ensued. Nevertheless Ram Dhari P. W. persisted and brought the appellant to his home but whilst leaving the house the brothers of the appellant are said to have taunted Ram Dhari P. W. that if the appellant was their real sister she would return to them soon after for ever breaking with Ram Dhari P. W. This provides the background of the commission of the present offence.

(3.) THE medical testimony consists of Dr. Madan Mohan Sharma who on the 11th of June, 1967, at 2.45 P. M. medico -legally examined Ram Dhari P. W. and found 7 incised wounds on his person. He also deposed to the recording of Exhibit P. C, the dying declaration of Ram Dhari at about 330 P. M. and the attestation of the same by Bir Bhan, Ram Kishan, Siri Kishan, Ram Sarup and Surta. This witness had also on the next day examined the appellant and found the following injuries on her person: