RAMA NAND AND ORS. Vs. THE STATE

JUDGEMENT

(1.) Rama Nand (28 years), Shish Ram (60 years) and Kali Datt (25 years) have appealed to this Court against the decision of the Sessions Judge, Mandi, convicting them of the offences under Ss. 302 and 201 of the Indian Penal Code. Rama Nand is sentenced under Sec. 302 for identified the dead body. Under r life imprisonment while Shish Ram and Kali Datt are sentenced under Sec. 201 each for rigorous imprisonment for one year and a fine of Rs. 500.

(2.) Sumitra (19 years) is the victim of this occurrence. She was wife to Rama Nand and daughter -in -law to Shish Ram accused. The marriage of Sumitra was performed 1 1/2 years before the day she was reported dead. The lady somewhat sophisticated having passed her Higher Secondary Examination and having pursued studies for Prabhakar. It was stated that both Shish Ram and Rama Nand as well as Kali Datt who is younger brother of Rama Nand, were opposed to her serving anywhere or to higher studies being pursued by her. Som Krishan (P.W. 33) is the father of Sumitra. He was in favour of both service and further studies by her. At the time of her marriage, there was prior settlement with Shish Ram and Rama Nand that Sumitra would be pursuing her studies and would also be seeking employment. Accordingly Sumitra was employed as a school mistress at Chanyana. According to the accused, the service was below their status. The prosecution case was that the accused had threatened Sumitra saying that they were being disrepute on account of her service and that she should give up the service otherwise she would be met with the dire consequences.

(3.) As Sumitra was serving at Chanyana, which is a village near her parents' house, she used to reside with Som Krishan and casually visited Jherwin - -the village of her in -laws. On May 13, 1972, she visited Jherwin where Rama Nand had arrived from Simla being employed as a clerk in the office of the Deputy Commissioner. She stayed with Rama Nand on the night intervening 13th and 14th May, 1972. According to prosecution she became untraceable on 14 -5 -1972 as she was done away to death by Rama Nand, Shish Ram and Kali Datt and her body was concealed for some time inside the Jungle of Ghanghar and thereafter thrown into the river Sutlej. It was given out by the accused that on the morning of 14 -5 -1972 Sumitra was planting chilies in the field along with other family members. While it was a little before noon, she went towards the direction of river Sutlej. She was accompanied by Sheela a small girl of 7 years. She pretended that she was going to attend the call of nature. According to the accused she never turned up and when a search was made, her Salwar and shoes were found lying on the bank of the river. Thereafter Shish Ram accused went to the Police Station Karsog and instituted the First Information Report on 16 -5 -1972 in which he mentioned that Sumitra had committed suicide by jumping into the river. Daulat Ram, Station House Officer (P.W. 38) visited the scene of occurrence on 23 -5 -1972 and as a result to some investigation conducted by him he was of the opinion that the story of suicide was unbelievable and that Sumitra might have been abducted by some body with intent to murder. Accordingly he advised for a report under Sec. 364 of the Indian Penal Code.