BHAGAT RAM Vs. STATE OF H P

JUDGEMENT

(1.) APPELLANT has appealed against the judgment of Sessions court convicting him of offences, under Section 302, IPC and Section 27 of the Indian arms, Act, and sentencing him to life imprisonment and to pay finer of Rs. 5000/-, in default of payment of fine to undergo rigorous imprisonment for a further period of one year, in respect of offence under Section 302, IPC, and three years rigorous imprisonment and fine of rs. 2000/- in default of payment of fine to undergo rigorous imprisonment for a further period of six months, in respect of offence under section 27 of the Indian Arms Act.

(2.) THE factual matrix, which led to the trial and conviction of the appellant, may be noticed. Deceased Gurdei was married to Nikku Ram, a brother of the appellant, about 30-32 years back. Said Nikku Ram died 4-5 years after the marriage and thereafter the deceased settled with the appellant as his wife. About 18-19 years prior to the occurrence, which took place on 6-11-2002, the appellant married another lady, named Roop Dei, who lived in the native village of the appellant. Name of that village is rajwan. The appellant and the deceased lived in village Porla in Nalagarh Sub Division.

(3.) ON 6-11-2002, a thrashing machine, belonging to one Rajinder Singh, was operated by the appellant to thrash his maize crop. By the evening the job thrashing was over. The machine was shifted to the house of P. W. 1 Brij Lal. After the machine was installed in the courtyard of P. W. 1 Brij Lal. tea was served to those present, including the appellant and his wife Gurdei deceased. Thereafter, the appellant left Brij Lal's place. His wife remained at Brij Lal's house as she was taking tea. The appellant returned to the house of P. W. 1 Brij Lal holding a double barrel gun Ext. P. 1 and a bag Ext. P-2, containing gun powder. He asked Prem Lal (P. W. 3), a brother of P. W. 1 Brij Lal, if he had a torch. On being told by P. W. 3 Prem Lal that he did not have any torch, the appellant asked his own wife deceased Gurdei if she had any torch. When Gurdei told him that she too had no torch, the appellant is alleged to have fired a shot from his gun Ext. P-1 at Gurdei, which hit her on the left side of the neck and some of the pallets exited through the back chest on the right side. P. W. 5 Gillo Devi, a Member of the Gram panchayat, was informed immediately. She in turn informed the Pardhan of the Gram panchayat, named Inder Singh (P. W. 2), who gave a ring to the police. Police arrived at the scene, around 10. 00 p. m. Gurdei, who was lying in an injured state, was shifted to a hospital at Nalagarh, from where she was taken to PGI, Chandigarh. She died on 10-11-2002 at PGI. Autopsy was conducted by p. W. 8 Dr. Manisha Gupta, in the presence of a senior doctor, namely P. W. 7 Dr. B. R. Sharma. Following two injuries were noticed on the person of the deceased :