RUP DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE appellants were jointly tried by the learned Sessions Judge of Mandi, sitting with assessors, of an offence under Section 302, I. P. C. The four assessors were unanimously of the opinion that the two appellants were guilty of the offence attributed to them. The learned Judge agreed with the opinion of the assessors, and convicted Gckal of an offence under Section 302, I. P. C. , and Mt. Rup Devi of abetment of the foregoing offence under Section 302, read with Section 114, I. P. C. Both the appellants were sentenced to transportation for life. Gokal was further sentenced to pay a fine of Rs. 300/-; in default one year's rigorous imprisonment.

(2.) THE appeals, being inter-connected, were heard together at great length.

(3.) THE prosecution case was that Mt. Rup Devi was married to Hari Singh (the victim in this case) some four years ago. Soon after their marriage, differences arose between them and Hari Singh started ill-treating Mt. Rup Devi. Some time towards the end of 1952, or the beginning of 1953, Mt. Rup Devi contracted an illegal connection with Gokal, appellant. In January 1953, Hari Singh caught the two appellants redhanded in a compromising position, Gokal made good his escape, while Mt. Rup Devi was beaten by Hari Singh. Soon afterwards, she went away to her mother's house. Hari Singh, thereupon, filed a complaint under Section 498, I. P. C. , against Gokal, but the same was subsequently compromised and Mt. Rup Devi returned to his house. Relations between Hari Singh and Rup Devi, however, did not improve. She continued to meet Gokal secretly. Gokal was infatuated with Mt. Rup Devi and wanted to marry her, but Hari Singh would not let her go. Consequently, according to the prosecution, the two appellants conspired to do away with Hari Singh, when a suitable opportunity presented itself. On the night intervening 20th and 21st June, 1953, Hari Singh and Mt. Rup Devi left their village with a view to visit a 'sadhu', who lived in another village. Gokal, appellant, who had been informed in advance by Mt. Rup Devi, met the couple at a place called "gajred-ka-Gallu", near village Sarawan. Gokal had a 'khukri' with him. He gave a blow with that 'khukri' on Hari Singh's neck. Mt. Rup Devi caught hold of Hari Singh by his legs, so that he could not move. Gokal gave some more blows with the 'khukri' with the result that Hari Singh died on the spot and the head was separated from the body. After committing the murder, the two appellants, it is alleged, dragged the dead body through the fields to another spot called "heud-ka-Nala", where it was buried under the ground. The appellants, thereupon, returned to their respective homes.