SURINDER SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THE appellant stands convicted by the trial court, under Section 302 for allegedly committing the murder of his wife Mahima Devi and also under Section 309 of the Indian Penal Code for attempting to commit suicide, thus he was sentenced under Section 302 of the Indian Penal Code, to undergo life imprisonment and to pay a fine of Rs.5,000/-, in default of payment of fine to further undergo, simple imprisonment for a period of one year, and also to undergo imprisonment for one year under Section 309 of the Indian Penal Code. Both the sentences were ordered to run concurrently.

(2.) THE appellant has assailed his conviction and sentence in this appeal. Whether reporters of local papers may be allowed to see the judgment? Yes. The admitted facts of the case are that:- (i) Mahima Devi (deceased) was the pichhalag (from the previous husband) daughter of the first wife of Mansha Ram (PW2); (ii) Shanti Devi is the second wife of Mansha Ram (PW); (iii) The appellant fell in love with Mahima Devi and married her; (iv) Mansha Ram, aforesaid was not happy with the said marriage; (v) Both Mahima and the appellant, after about five months of their marriage started residing in the corner room of the house of Mansha Ram, for the last about one year and she gave a birth to a male child; (vi) At the time of her murder, the said child was aged about 7 months; (vii) Bhollo Devi, the aunt of Mansha Ram, was staying in the house of Mansha Ram, in village Kuhal, 5 days prior to the alleged incident; and (viii) During the intervening night of 11th & 12th September, 2002, Mahima Devi was found murdered in her room. She had a sharp-edged cut injury on her throat and the appellant was having grievous stab injury on his stomach. Both were lying in their bed-room. PROSECUTION CASE:

(3.) DURING the night on 11/12.9.2002, Smt. Bhollo Devi complainant (PW1) was sleeping with the children of Mansha Ram, in the kitchen, whereas, the appellant and his wife Mahima Devi (deceased) were sleeping next to the adjoining room with their seven months old minor son. During that night, Mansha Ram (PW) and his wife Shanti Devi had gone to their field nearby to guard the maize crop.