CHET RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal by Chet Ram and Criminal Appeal No. 28 of 1961 by the Union of India arise out of the same order of the learned Sessions Judge Mandi and Chamba districts and in order to facilitate matters I propose to dispose of them by this order.

(2.) CHET Ram, hereinafter to be referred as the appellant, was prosecuted for an offence under Section 302, I. P. C. , for having caused the death of his wife Smt. Teja on the night between 15th and 16th of April 1961. The learned Sessions Judge found him guilty of the offence under Part I of Section 304, I. P. C. and sentenced him to undergo rigorous imprisonment for a period of 10 years. He has appealed against the order of conviction and sentence and the State has filed an appeal against the order acquitting the appellant of the offence under Section 302, I. P. C.

(3.) BRIEFLY stated the prosecution case was as below: About 11/2 years prior to the incident under consideration the appellant was married to Smt. Teja, the daughter of Som Datt (P. W. 4) and Smt. Rukmani, residents of village Seeiha. This marriage took place in exchange of the marriage of the appellant's sister's daughter with Inder Dev, the brother of Smt. Teja. Smt. Teja was not agreeable to the marriage as the appellant had developed illicit intimacy with her mother but was forced to marry the appellant by her mother and brother. The relations between the husband and wife were not cordial and the latter used to go away to her father's place without the permission of the former. In the month of Poh prior to the incident under consideration she went to her mother's place and did not return to her husband's place in spite of the fact that her husband went to fetch her. A Panchayat was convened in village Sheelha in order to bring about reconciliation between the husband and wife. The Panchayat was attended among others by Lalman (P. W. 3) and Param Dev (P. W. 5) and at that Panchayat Smt. Teja openly accused the appellant of having illicit connection with her mother. The Panchayat failed to persuade her to go to her husband's place. Smt. Durmati (P. W. 2), the aunt of the appellant, however, succeeded in persuading Smt. Teja to return to her husband's place. The appellant was working as a labourer in connection with the construction of a road. On 15-4-1961 he returned to his house in the evening. Smt. Teja was churning milk. He asked her to prepare meals as he was hungry but she refused to do so. He himself cooked the food and served it in two thalis one for himself and the other for his wife. The latter, however, refused to partake of the food. He then asked her to spread the beds but she declined to do so and he spread a bed for himself, He then went to his wife in order to appease her but she gave a kick at his chest and said that he should have sexual Intercourse with his mother and sister rather than with herself and he should take charge of the household effects as she would leave the house next morning. This infuriated him and he picked up a stone battu Ex. P-3 lying close by and hurled it at the head of his wife who succumbed to the injury shortly afterwards. On the following morning at about 5 A. M. (5 P. M. in the statement of Bhikam Ram P. W. 1 is obviously a mistake) the appellant went to Bhikam Ram and told him that he killed his wife by chance and that he should take care of the house. He locked the house and went to police-post Bahi and made a report which was recorded in the daily diary. He handed over key Ex. P-2 to the Head-Constable. The shirt (Ex. P-13) and the cap (Ex. P-12) which he was wearing at that time were bloodstained and they were taken into custody. A copy of the report was sent to Sadar P. S. Mandi through Tegu Ram constable. On receiving the aforesaid copy a first information report (Ex. P. L) was prepared and Shri Kanshi Ram S. H. O. (P. W. 14) proceeded to the scene of occurrence. The lock put to the house and the appellant was opened with key Ex. P-2 and on enteringinto the room a dead body which was Identified to be that of Smt. Teja was found on one of the beds. The battu Ex. P-3 was also on the same bed. The Investigating Officer took into custody the stone battu, the khinds Ex. P-4 and 5, the manjri pral Ex. P-6, mat of date palm Ex. P-7, woollen coat Ex. P-8, gunny bag Ex. P-9 and a quilt Ex. P-10 as the aforesaid articles were bloodstained. The dead body was sent for post-mortem examination-which was conducted by Dr. Shiv Dev Singh (P. W. 18 on 17-4-1961. As a result of external examination a lacerated wound 2 1/2" x 1" x bone deep was found on the occipital region to the left of the middle line. The bone underneath was fractured and depressed in an area of 11/2" x 1" and there was laceration of the duramater. The cause of death was concussion passing on to compression of the brain due to grievous skull fracture. The shirt (Ex. P-18), salwar (Ex. P-17) and dupatta (Ex. P-23) which were on the dead body were blood-stained' and were taken into custody. The aforesaid articles, the battu Ex, P-3, the cap and the shirt Ex. P-12 and 13 were sent to the Chemical Examiner and the Union Serologlst and human blood was detected on them, vide Exs. P. R. and P. S. The appellant offered to make a statement and his confession Ex. P. W. was recorded by Shri Jit Ram, Magistrate first class (P. W. 17) on 18-4-1961.