RATTNU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of Additional Sessions Judge, Bilaspur, in Sessions Trial No. 11 of 1988, dated 15 -6 -1989, convicting the accused under section 304 -1 of the Indian Penal Code and sentencing him to rigorous imprisonment for seven years and to pay a fine of Rs. 500, in default of payment of fine to undergo further rigorous imprisonment for a period of two months.

(2.) Deceased Giano Devi (hereafter deceased) was married to the accused .They were living together in village Behal. Bir Devi (PW 9) is the elder sister of the deceased, married to Balak Ram, elder brother of the accused. Balak Ram was residing in the same village in a house adjacent to the house of the accused. Mehar Chand (PW 10) used to reside in the house of Ram Dass in the same village. This house is located near the house of the accused. Ram Dass is the maternal father of Mehar Chand and is related to accused by collateral relationship. The house of Amar Chand (PW 11) and his father Jiwanu is also situated near the house of the accused. The prosecution alleges that the accused was suspecting the character of the deceased. This fact was disclosed by the deceased to Bir Devi about 15 days before the occurrence.

(3.) On 25 -1 -1988, the deceased was sleeping with the accused. At about 11.00 p.m., Bir Devi heard the cries of the deceased seeking help. She rushed to the room of the deceased. It was closed from inside, but the bolt gave way when Bir Devi pushed the door forcibly. On entering the room, Bir Devi found that the accused was standing with an axe (Ex. P. 1) in his hand on the side of the head of the cot. The deceased was lying dead on the cot in a pool of blood with injuries on her face and neck. Bir Devi shouted for help and tried to take the axe from the accused, who did not release it In the meantime, Amar Chand, Jiwanu, Mehar Chand and Ram Dass also came there. Amar Chand took the axe m from the accused. Mehar Chand and Araar Chand also found the deceased lying dead on the cot in a pool of blood with injuries. The accused asked Ram Dass, Mehar Chand, Jiwanu and Amar Chand as to why they had intervened in the matter since he had killed his own wife. The accused also threatened to kill Bir Devi. He ran away from the place with axe (Ex. P.1). Pradhan Had Krishan (PW 6) was informed at about 12.30 a. m. He was told by Ram Dass and Kalu Ram that the accused had run away after killing his wife, therefore, he should reach at the spot, Hari Krishan did not go to the spot since some Kirtan was going on in his house, However, he informed police station, Kot -Kehlooc about the occurrence telephonically at about 5.30 or 6.00 a.m. This information was received by MHC Devi Dass (PW 8), who recorded it in his daily Rojnamcha (Ex. PE), recording that the accused had cut his wife with an axe and it was not certain if the woman was dead or alive.