SUBBASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Subbash Chand, appellant was tried in the Court of Session Judge, Una District for offence under S. 302 read with S. 201 of the Indian Penal Code for causing the death of his wife Kamlesh Kumari on or about 15-9-1991 in village Charatgarh. The learned Sessions Judge convicted the appellant under Ss. 302 and 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5000.00 and in default thereof to undergo rigorous imprisonment for a period of 6 months under S. 302, I.P.C. However, no sentence was imposed under S. 201 of the Indian Penal Code. Now the appellant has come up in appeal before this Court.

(2.) We may briefly state the prosecution case. Kamlesh Kumari daughter of Jagir Singh (PW 12) was married to the appellant about 5 years prior to her death according to the Hindu rites. The appellant was working in Saudi Arabia. He used to visit his village after about 1 or 11/2 years span. He was not having good relations with his wife and levelled allegations that she was of immoral character and she could not conceive a child for the last five years of married life. He wanted her parents to get a divorce effected between them on these counts. The relatives of both the sides - prevailed upon and persuaded the appellant to live with Kamlesh Kumari, but he had not reconciled. She used to stay in the house of her in-laws at Charatgarh during the absence of the appellant from India. Whenever the appellant used to pay visit to his native village, he along with Kamlesh Kumari used to visit the house of her parents, but they never stayed for a night. On the early morning of 15-9-1991, the appellant sent information to all the relatives of Kamlesh Kumari at places namely Basdebra, Hoshiarpur and Ludhiana that she had died of snake bite. All the relatives had reached the village Charatgarh by that evening. They expressed their suspicion of a foul play in the death of Kamlesh Kumari at the hands of the appellant saying that it was not a death by a snake bite. A report was lodged with the police by PW Jagir Singh on 16-9-1991. On his insistence, post-mortem examination was conducted by Doctor R. K. Jaswal (PW 9) in whose opinion the cause of death was Asphyxia as a result of throttling.

(3.) After completion of the investigation, Police filed report under S. 173 of the Code of Criminal Procedure against the appellant. During trial the appellant pleaded not guilty and claimed to be tried. In the statement made under S. 313, Cr. P.C. the appellant admitted his presence at his house and also the presence of Kamlesh Kumari, PWs Smt. Anita Kumari wife of his brother Prehlad Kumar and Prehalad Kumar, brother on the fateful day. In answer to question No. 37 his reply is as under :-