MEGH SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) This appeal, at the instance of Appellant - convict Megh Singh, is against the judgment dated 6.6.1994 passed by Sessions Judge, Sirmaur District at Nahan, whereby he has been convicted of the offences under Sec. 302 IPC and Sec. 27 of the Indian Arms Act and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/ - for the offence under Sec. 302 IPC and in default of payment of fine to undergo rigorous imprisonment for a further period of two years. For offence under Sec. 27 of the Indian Arms Act, the Appellant has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 200/ - and in default of payment of fine to undergo rigorous imprisonment for a further period of two months. The substantive imprisonment awarded is to run concurrently.

(2.) The case against the Appellant -convict was initiated by lodging F.I.R. Ext.PA in Police Station, Paonta Sahib, by Sarwar Ali, Pradhan, Gram Panchayat, Puruwala, PW -1, on 11.9.1993 at about 1 PM. The Appellant -convict who was under the influence of liquor came to his house and told that he had done whatever he intended to do and the police be called telephonically and he be got arrested. At that time Ram Kumar son of Kalu Ram, PW -2, and Ram Piara son of Nisa Ram and others were also sitting in his house. According to Sarwar Ali, the Appellant -convict was though under the influence of liquor yet he was talking sense. Immediately thereafter the father of Appellant -convict namely Gulab Singh also came there and informed Sarwar Ali that his son, the Appellant -convict, may not be allowed to escape and he asked Sarwar Ali to ring up the Police. On his enquiry Gulab Singh told that the Appellant -convict had damaged the eyes of his wife Pushpa Devi. Upon this Sarwar Ali and Ram Kumar, present at his house, went to the house of Gulab Singh, the father of Appellant -convict, and found Pushpa Devi dead. Her dead body was lying on the floor in one of the rooms covered under a cloth sheet. There were many injuries on her face particularly around her eyes. On further enquiry of Sarwar Ali, Gulab Singh told that a little while ago the Appellant -convict had killed his wife with the gun shot. Sarwar Ali further informed the police that leaving the Appellant -convict under the surveillance of the villagers he had come to report the matter to the police.

(3.) During the investigation, autopsy was conducted on the dead body of Pushpa Devi by Doctor Sumesh Pandey, Medical Officer, Civil Hospital, Paonta Sahib, who has appeared as PW -6. He has placed on record the inquest report Ext.PB and post -mortem report Ext.PK. The injuries found on the dead body and the other observations of the Doctor are as under: