KULDIP SHAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Sessions Judge, Gurdaspur, dated October 6, 1976, whereby Kuldip Sham, accused-appellant, was convicted under Section 302, Indian Penal Code, and sentenced to imprisonment for life and a fine of Rs. 1,000/-out of which a sum of Rs. 300/~ was ordered to be paid to the parents of Usha Rani, deceased. Ram Lal, Shanti Devi and Veena, who had also been charged and tried along with the accused under Section 302 read with Section 34, Indian Penal Code, were however, given the benefit of doubt and acquitted.

(2.) ACCORDING to the prosecution story, as disclosed at the trial, burnt dead body in a sitting posture of Usha Rani, wife of Kuldip Sham, accused was found in a closet measuring about five feet into three feet on the top floor of the residential house of the accused The said dead body was reclining against the wall of the closet, at the threshold, which was full with unutilised or unusable household articles. In the first instance, the information had been lodged by Ram Lal accused, father-in-law of the deceased, vide statement, Exhibit PL, dated March 28, 1976, at 7. 45 A. M. in Police station Pathankot with Rameshwar Kumar Sharma, Inspector of Police, P. W. 13. According to the said report, Usha Rani, deceased, and her husband had slept in the house across the road. In the morning, Kuldip Sham, accused, had gone for a walk as usual at 6. 15 A. M. along with Dharam Vir Mahajan. At about 6. 45 A. M. , Shanti Devi, accused, went to the said house in order to use the latrine which was on the top of the said house. After seeing the closet, she raised hue and cry, attracted by which Ram Lal, accused, and his daughter Veena, accused as well as Mohan Lal, shopkeeper in the neighbourhood went there and witnessed clothes of Usha Rani, deceased, on fire. Ram Lal, accused, poured a bucket of water over her clothes and extinguished the fire. In the meantime, his son Kuldip Sham, accused, also returned from the walk. According to the said statement, it was a case of suicide by fire.

(3.) AFTER recording this report, Inspector Rameshwar Kumar Sharma, PW, went to the house of Kuldip Sham, accused, and after scrutinising the dead body in the closet, smelt foul play, As a consequence, he got two photographs, Exhibits P. 1 and P. 2, from the right and the left sides of the dead body, prepared. Under his instructions, a wireless message was sent to the parents of the unfortunate victim at Qadian. On the basis of the statement, Exhibit PD, by the father of the deceased, Charan Dass, P. W. 3, first information report, Exhibit PD/1, was registered at 2. 10 P. M. for the commission of the offence under Section 302 read with Section 34, Indian Penal Code, against the present appellant, his father, Ram Lal, accused, his mother Shanti Devi and his sister Veena, accused.