AJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT , Ajit Singh son of Sube Singh, Jat resident of Village Dhakla, Police Station Jhajjar was sent up for trial under Section 302/316 of the Indian Penal Code for having caused the death of his wife Sushila and an unborn child on the night intervening 29/30.10.1993. The trial court vide its judgment dated 7.8.1995 had acquitted the accused under Section 316 of the Indian Penal Code but convicted him under Section 302 of the Indian Penal Code and vide order dated 11.8.1995 sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 250/ - and in default of payment of fine to fiuther undergo rigorous imprisonment for three months.

(2.) FEELING aggrieved, the appellant has filed this appeal for setting aside his conviction and sentence.

(3.) THE case of the prosecution, in brief, is that the marriage pf Sushila daughter of Partap Singh was solemnized with Ajit Singh about 5/6 years prior to the date of occurrence. After the marriage, Sushila visited her matrimonial home, in which she was ill -treated. She informed her father that she was being maltreated by her husband and was not being looked after properly. Her father did not send her to her in -laws house. Suresh, elder brother of Ajit Singh who was employed in the Army assured that Sushila would be kept with affection. Thereafter, Sushila was sent with accused Ajit Singh. Ajit Singh was addicted to liquor. He used to take liquor daily in the company of bad elements and return home in an intoxicated condition. Sushila, since deceased, used to object to it. On the night intervening 29/30.10.1993 when Ajit Singh accused returned home in an intoxicated condition, he demanded meals from his wife. She refused to serve meals on which the accused, who was in an intoxicated condition, lost his temper and caused injuries on different parts of the body of Sushila, who was lying on a cot. He thereafter bolted the door of the house and fled away from the village. He then went to Partap Singh, his father -in - law and told him to take care of Sushila who was ill. Partap Singh, father of Sushila told him that there were many persons in his family and as such, they can take care of her. Partap Singh, father of Sushila suspected some foul play and he along with his brother Balwant reached Village Dhakla. Accused Ajit Singh was not found in his house. He opened the door and found his daughter Sushila lying dead on the cot. He asked Balwant to guard the dead body and himself proceeded to inform the police about the incident. The police met him on the way and his statement Exhibit PH was recorded on the basis of which a case was registered.