SODA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellant stands convicted by the learned trial Court under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.5,000/- and In default of payment of fine to further undergo rigorous imprisonment for a period of six months, which has been challenged by him in this appeal.

(2.) In short, the prosecution story can be stated thus. PW13 Satya Devi injured was married to appellant about 28 years prior to the alleged incident. During this wedlock, she gave birth to two sons and a daughter. In the year 1997-98, the appellant was working in Jalandhar, whereas his wife Satya Devi was working as Beldar in PWD and living in his village. The children of the injured were also residing with the appellant at Jalandhar.

(3.) It is alleged that on 1st June, 1998 appellant alongwith his children came to his village, all of them started living together with Satya Devi in the house. During intervening night of 10th/11th June, 1998 when PW13 Satya Devi was sleeping on the floor, her husband (appellant) was sleeping on the cot in the same room. Their elder son was out of station, but PW12 Sakina and her son PW14 Sandeep Kumar were with their parents and sleeping on the floor at some distance from their mother. It is also alleged that her husband (appellant) got up and switched on the light, took out the Drat from beneath his pillow and gave a blow on the neck of Satya Devi. She raised hue and cry. Both the children got up and on seeing the blood coming from the injury on the throat got frightened. The clothes of Satya Devi were smeared with blood. It is the prosecution story that Drat Ext.P.1 was snatched by PW12 Sakina from the hands of appellant.