DHANI RAM Vs. STATE OF H P

JUDGEMENT

(1.) This appeal is directed against the judgment dated September 5, 1986 of the learned Additional Sessions Judge, Mandi, Kullu and Labaul Spiti Districts at Mandi convicting accused Dhani Ram under Section 302 of the Indian Penal Code for having committed the murder of his wife Kunta Devi. The accused was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-. In the event of non payment of fine it was ordered that the accused would undergo rigorous imprisonment for another period of three months.

(2.) The prosecution case, briefly stated, is that accused Dhani Ram married two sisters Kala Devi and Kunta Devi. His relations with the second wife Kunta Devi were quite strained and be bad told some of his children that he would kill Kunta Devi. On July 12, 1985, both the wives had gone outside to collect grass, whereas accused Dhani Ram and minor children 41. Meera Devi, Chameli, Maya Devi and Ram La! stayed back at home. The accused is then stated to have sharpened his darat. Kunta Devi returned from the fields with a grass load at about 10 or 11 a.m. She placed the grass in the courtyard of the house and asked her daughter Meera Devi for a glass of water. Accused Dhani Ram then appeared with the darat and gave three darat blows on Kunta Devis neck. At that time the left arm of Kunta Devi was resting against her head. The left arm, therefore, also got substantial cut. Due to the injuries she received on her neck. she died instantaneously.

(3.) The prosecution examined 14 witnesses in all. We do not consider it necessary to deal with that evidence because we are of the opinion that this appeal will have to be accepted and the case remanded to the learned Trial Court for de novo trial after due compliance with the mandatory provisions of Section 329 of the Code of Criminal Procedure.