LAL SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Shrimati Sarita, aged about 20 years, was found dead at the residence of her parents late in the evening of April 29, 1986. Her husband, appellant Lai Singh, aged about 35 years, was indicated for the murder. He was convicted for an offence under section 302 of the Indian Penal Code by the Additional Sessions Judge (II), Simla, on January 12, 1987 and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1,000. In default of payment of fine, he was directed to undergo rigorous imprisonment for a further period of two years.

(2.) Against the aforesaid order of conviction and sentence awarded to him, Lai Singh filed Criminal Appeal No. 17 of 1987 in this Court. The appeal was heard by a Bench consisting of V. P. Bhatnagar and Bhawani Singh, JJ. Both the learned Judges differed in their perception of the case. While brother Bhatnagar upheld the order of conviction and sentence awarded to Lai Singh, brother Bhawani Singh was of the view that appellant Lai Singh deserved to be acquitted. The opinion expressed by the two learned Judges on March 9, 1990 led to this case being placed before me as the third Judge.

(3.) The appellant was married to deceased Sarita about a year prior to the date of the occurrence. It is said that appellant Lai Singh had doubt about the fidelity of the deceased which prompted him to commit the offence of murder. The case, as far as the fact of the alleged murder is concerned, put forward by the prosecution is that Sarita and appellant Lai Singh had spent the night between April 28 and April 29, 1986 at the residence of the parents of deceased Sarita in Tara Devi, a suburb of Simla. On the morning of April 29, 1986 both of them left for Simla, where appellant Lai Singh was working as a salesman with HIMFED. Shrimati Sarita was left by appellant Lai Singh at the house of his friend Ramesh Chand and his wife Shrimati Satya Devi. It was decided that Sarita was to accompany them to the market, where they were going, and at 1.30 p. m. appellant Lai Singh would meet them at the Ridge. Also, that in case appellant Lai Singh could not meet them for any reason, Shrimati Sarita would be sent to Tara Devi by bus.