MOHAR SINGH Vs. STATE

JUDGEMENT

(1.) LOSS of temper is always fraught with dangerous consequences. Mankind, when loses temper, becomes irrational, commits acts which, at times, become ferocious. Trivial, issue regarding release of cow without permission of accused No. l has resulted in loss of life of a young lady, married just two years prior to the date of occurrence so has been deprived of enjoying so many summers of her life. Attempt to style homicide as suicide has proved abortive.

(2.) THIS appeal is directed against the judgment passed by learned Sessions Judge udhampur, whereunder accused No. l has been convicted for commission of offences punishable under Section 302 and 201 RPC and sentenced to life imprisonment and fine of Rs. 1,000, in default whereof to undergo further imprisonment of three months and also sentenced to undergo simple imprisonment of six months and to pay fine of rs. 1,000 and in default to undergo simple imprisonment of one month under Section 201 RPC. Accused No. 2 has been convicted for commission of offence punishable under section 201 RPC and sentenced to undergo simple imprisonment for six months and fine of Rs. 1,000, in default to undergo simple imprisonment of one month more.

(3.) PROSECUTION case, as unfolded, is that, one cow belonging to Madan Lal strayed into the field (land) of accused. Accused No. l on 31. 8. 2003 captured and tied the cow in his own house, then left in connection with his own work. On the same day Bimla Devi w/o Madan Lal requested the deceased sushma Devi, daughter-in-law of accused no. l for release of the cow, who, without the permission and in the absence of accused no. 1, released the cow. Release of cow infuriated accused No. l, had altercation with the deceased, and got further enraged took up the weapon of offence stick (danda) and struck it on the head of Sushma Devi, who died. Sensing the problem, accused No. l alongwith his wife, accused No. 2, with the object of screening the accused No. 1 from legal punishment hatched a plan so as to portray the death of the deceased as suicide. Hanged the dead body with the ceiling. On the next morning i. e. on September 1, 2003, Sarpanch of the village, namely, prem Singh, telephonically informed police about the suspicious death of the deceased. Police swung into action. Inquest proceedings were initiated in terms of Section 174 cr. P. C and the proceedings were entrusted to PW Mohd Din, SGCT, who took over the custody of the dead body. On autopsy conducted it surfaced that the deceased had sustained head injury. The opinion recorded reads as "keeping in view the findings of the autopsy we are of the opinion that deceased died due to severe head injury, time since death to examination 36-72 hours, (as on 3. 9. 2003)". Consequent thereto death was found homicidal and not suicidal. Case was, accordingly, registered as Crime No. 275/ 2003 at Police Station Udhampur.