PARMA RAM Vs. STATE OF H P

JUDGEMENT

(1.) Appellant is aggrieved by the judgment of the trial Court, whereby he has been convicted of an offence, under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo rigorous imprisonment for a further period of six months. His grievance is that the trial Court has not appreciated the evidence and the law correctly.

(2.) Prosecution version, believing which the trial Court has convicted and sentenced the appellant as aforesaid, may be summed up thus. On 9-3-2001 appellant, who is resident of village Runjh, went to attend a marriage function at the house of one Chiranji Lal. Next day he accompanied the 'Barat' (marriage party) to the bride's place. His wife Chandrawati (deceased) aged about 28 years also went to attend the marriage the next following day. Her father PW-1 Uttam remained at home to take care of the children. On 10-3-2001 around 7.00 p.m. deceased Chandrawati returned home, accompanied by PW-2 Suresh Chand. She went to the kitchen and started preparing meals. After working for sometime in the kitchen, she felt sick and told her father Uttam (PW-1) and Suresh Chand (PW-2) to do the rest of the cooking and she herself went to the sleeping room to take rest. Around 9.00 p.m. the appellant also returned. He went straight to the sleeping room and started quarrelling with the deceased. After sometime he was seen coming out of the room dragging Chandrawati deceased by her hair. Then he picked up a 'Darat' and dragged her through the courtyard into the fields. When PW-2 tried to intervene, he was given a slap on his face. Next morning the dead body of Chandrawati was found in the kitchen. Police was informed. Statement of PW-1 Uttam, the father of the deceased, was recorded, under Section 154 of the Code of Criminal Procedure by the Police Officer, who reached the spot. On the basis of that statement case was formally registered. The dead body was sent for post mortem examination. PW-5 Dr. Jiwa Nand Chauhan conducted the postmortem examination. He noticed the following ante mortem injuries :-

(3.) Appellant took the plea that when he returned home around 9.00 p.m., he saw PW-2 Suresh Chad coming out of his bed room and when he entered the room, he noticed that his wife was not wearing 'Salwar' and the lower part of her body was naked. He also found that she was drunk. When he asked his wife as to why she was drunk and why she was not wearing the 'Salwar', she got up and ran out and in that process she fell from the edges of the courtyard and the fields, which are in the form of terraces and he found her lying unconscious with several injuries in the fourth field downwards.