RAM SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction recorded by the learned Sessions Judge, Kinnaur Sessions division at Rampur vide his judgment dated February 24, 1997 wliereby Ram Singh and Smt. Roshni Devi, appellants, hereinafter referred to as"AI" and "A2", respectively were convicted for an offence punishable under Section 304 Part -II read with Section 34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and also to pay fine of rupees 1000/ - each. In case of default in the payment of fine, each of the accused was to suffer further simple imprisonment for six months.

(2.) Ram Singh(Al) is husband of Roshani Devi (A2). They are residents of village Darkali in Tehsil Rampur of District Shimla. Dassi Devi, deceased was married to Bhagat Singh but was living separately in her parental house.

(3.) The prosecution case was: On October 17, 1994, Dassi Devi while returning back from her field with grass in her kilta, was accosted by Roshani Devi (A2) near the Luxmi Narayan Temple in the village. "A2" Roshni Devi accused Dassi Devi of defaming her by spreading that "A2" was illicit relations with her husband Bhagat Singh. Both of them exchanged hot words. Dassi Devi challenged her to take oath that she had no relations with Bhagat Singh. In the meanwhile. Ram Singh (Al) came from his house and gave two danda blows. One of the blows hit her back and other on her head. Several persons, including her estranged husband Bhagat Singh, reached the spot. The incident was seen by Basant Lai (PW2), Ranjna Devi (PW5), Puran Sukh (PW6), Charan Dass (PW7) and Jai Singh (PW8). Ranjna Devi (PW5) took Dassi Devi to her house. She was then take for treatment to Rampur. On way they spent the night in the house of one Smt. Sampati. Next morning, Bhagat Singh, Charan Dass (PW7) and Mohan Lal (PW9) took her to hospital where she expired. It is the further case of the prosecution that Dassi Devi had lodged a report with Police Station Rampur (Ext.PW15/A) alleging that on October 17, 1994, when she was returning back home after cutting "Koda" from her field, Al and A2 met her, stopped her and started abusing her. When she enquired reason for abuse, Ram Singh (A 1) gave a blow a danda which he was carruing in his hand. Blood oozed out from her head and she fell on the spot. She was also given beatings with kicks and fists and had received injuries all over the bodies. She was rescused by villagers Ranjna Devi, Bhagat Ram, thouchu Puna and Sattan Dass Mehta etc. A formal F.I.R. Exhibit PW15/A, was recorded on this statement. Dassi Devi expired in the hospital at Rampur on October 18, 1994 at about 11.30 in the night.