RAM LUBHAYA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Ram Lubhaya, 23 years., and his mother Ratni, aged 60 years, were tried by the learned Additional Sessions Judge, Jalandhar, under Sections 302/34 of the Indian Penal Code for the murder of Swami on Decem6er 20, 1984. As a result of the trial, the learned Additional Sessions Judge convicted both the appellants under Section 325/34 of the Indian Penal Code and sentenced them to R.I. for four years and a fine of Rs. 1000/- each. In default of payment of fine, they were further sentenced to R.I. for six months. Aggrieved by the conviction and sentence, the accused have preferred this appeal.

(2.) The prosecution case against the appellants was that Swami was married to Ram Lubhaya 7-8 years back. ibe relations between the two spouses were strained and Ram Lubhaya appellant used to beat Swami. She went away to her brothers house, but due to intervention of Gurmit Ram Sarpanch she came back to her husbands house, 4-5 days prior to the occurrence. On December 20, 1984 Piara Ram and his brother Joginder Ram, who are real brothers of the deceased, came to see their sister. Swami started preparing meals for them. Her mother-in-law Ratni took objection to meals being served to Piara Ram and Joginder Ram on the ground that they had not behaved well with them. Ratni started giving danda blows to Swami hitting her on her face, buttocks and left ankle. Ram Lubhaya accused also joined in beating Swami hitting her on the head nose and right thigh with a daatar which he was carrying in his hand. Swami fell down on receipt of the injuries. Ratni appellant started giving fist blows on her abdomen. Piara Ram and Joginder Ram, who were sitting nearby, raised alarm on which the two appellants ran away with their weapons Joginder Ram brought a rickshaw and removed their injured sister Swami to the Civil Hospital. Some time was consumed on the way as the level crossing was closed. The reached the hospital at about 8.15 p.m. Swami died at 9.15 p.m. the same day.

(3.) The doctor In charge of the hospital informed the police. The police came to the hospital, recorded statement Exhibit P.G. of Piara Ram on the basis of which formal First Information Report Exhibit PG/2 was entered. Inquest report was prepared and the body was subjected to postmortem examination. Ram Lubhaya accused was arrested on 25-12-1984 and blood-strained daatar Ex. P.1 was recovered in pursuance of his statement. As a result of the postmortem examination, it was found that Swami had an enlarged spleen almost thrice the normal size and she had died on account of rupture of the spleen.