STATE OF HIMACHAL PRADESH Vs. KASHMIRA SINGH

JUDGEMENT

(1.) The accused, Kashmir Singh (32) resident of village Bhatti, Tahsil Dehra, District Kangra, has been convicted by the learned Additional Sessions Judge (1) Kangra Division at Dharamsala, vide his judgment, dated January 17, 1987 under section 302, of the Indian Penal Code and sentenced to death. The accused has filed an appeal in this Court against this judgment. The learned Additional Sessions Judge has also made a reference to this Court for confirmation of the death sentence passed by him in the impugned judgment. Both the appeal and the Reference were heard together and are intended to be disposed of by this judgment.

(2.) The accused being mason has been doing masonry work of different people in his neighbourhood He had two wives, namely, Smt. Resho alias Reshma and Jiwna alias Chaina. In the morning of June 3, 1985, both these ladies were found to have been murdered and their bodies were lying at a distance of about 100 yards from the house of the accused and a distance of 50 feet from each other with the following injuries on their bodies : - Injuries on the body of Smt, Resho Devi -(1) Cut throat injury encircling whole of neck leaving two inch area of skin muscles and vertebra on the posterior aspect of neck. All soft tissues including blood vessels muscles traches aescphogus cut. Clotted blood present all around, Edges irregular and deeply stained with blood. (2) Incised wound three inches x one half inch two inches infront of right ear, extending over right cheek underlying bones were fractured. Margins sharp and deeply stained with blood. (3) Incised wound infront of chin oblique one and half inch x half inch X half inch. Margin sharp and deeply stained with blood. Gaping of wound present. (4) Lacerated wound over front of left shoulder 1 1/2 " X 1" X 1" clavicle bone fractured Margin irregular. Injuries on the body of Smt. Jiwna Devi. - (1) An incised wound across the neck from below the mandible on the left side to the right side 25 cm X 5cm X 5cms, Maximum depth is on the left side, it had cut below the hyoid bone and above the thyrecid cartilage. The position of the wound was vessels and other tissues were cut. Clotted blood was present. (2) Incised wound on the chin 7 cms X 3 cms X 1 cm oblique near the lip on the right side and slanting down on the left side. The wound is deeper on the left side where the lower jaw is cut in its entirety. (3) Incised wound from the bridge of the nose to above the right pinna. The right eye ball is burst. Lateral orbital wall zygomatic and temporal bones have been cut. Muscles and other tissues have also been cut. Lower edge of the wound over hangs the upper edge.

(3.) These injuries were found by a team of Medical Officers in the Civil Hospital at Dharmsala during the post -mortems performed by them on June 4, 1985 on the dead -bodies of the two ladies and in their opinion the injuries were apte -mortem in nature caused by sharp edged weapon except injury No. 4 on the person of Smt. Resho which was caused by blunt weapon. In their opinion these injuries were sufficient in the ordinary course of nature to cause death.