V.K.Bali, J. - (1.) ON small and perhaps wholly unjustified cause, appellant- Manohar Singh is stated to have killed his wife Dalbir Kaur on 14th of May, 1987 on 8.30 a.m. The F.I.R. with regard to the incident was recorded on 15th of May 1987 at 7.15 p.m. It was recorded by ASI Sham Singh on the statement made by father of the deceased Nazir Singh at S.G.T.B. Hospital, Amritsar. The statement as such was recorded at 6.00 p.m., formal F.I.R. whereof came into being at 7.15 p.m. The Special report with regard to the incident reached the Magistrate concerned at 11 a.m. On 16th of May, 1987 Nazir Singh stated that ten years ago he had married his daughter Dalbir Kaur to appellant Manohar Singh. Couple was blessed with three children. Her elder son was 9 years of age whereas younger to him was aged about 3 years. The appellant and his daughter along with their children were residing in the Haveli of Guljar Singh in village Khiala for the last one month. They were working as brick- maker at the brick-kiln. His nephew was also residing in the same Haveli of Guljar Singh and was working as a brick-maker in the brick-kiln. A few days ago, his daughter Dalbir Kaur had sent a message to him that the appellant was demanding a sum of Rs. 2,000/- from her through her parents and he needed this amount urgently. He was also beating and mal-treating her. On 13th of May, 1987, he went to see his daughter. On 14th of May, 1987 at about 8.30 a.m. appellant and his daughter Dalbir Kaur quarrelled over the demand of Rs. 2,000/- while sitting in the kitchen. Appellant became enraged and picked up a Datar (weapon for cutting) lying nearby and gave two Datar blows continuously hitting on the middle of the head of Dalbir Kaur. He and Dalbir Kaur raised an alarm and Joginder Singh who was residing nearby came to the spot. While he and Joginder Singh were trying to rescue Dalbir Kaur, appellant gave two more Datar blows to Dalbir Kaur on her head, but Dalbir Kaur raised both of her arms to ward off the attack; consequently the blows hit her on right and left arms. When they tried to intervene, the appellant ran away from the spot with his weapon. He and Joginder Singh arranged a car and brought Dalbir Kaur in an injured condition to S.G.T.B. Hospital and got her admitted there. Doctor gave treatment to Dalbir Kaur but in the morning of intervening night of 14th/15th of May, 1987, Dalbir Kaur succumbed to her injuries. The appellant inflicted injuries to his daughter Dalbir Kaur on account of demand of Rs. 2,000/- which resulted into her death. He further stated that he along with Joginder Singh had witnessed the occurrence.
(2.) THE appellant was charged for intentionally causing death of his wife under Section 302 of the Indian Penal Code and after resultant trial, vide order of conviction and sentence recorded by the Additional Sessions Judge, Amritsar dated 16th of December, 1994 held guilty and consequently sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- or in default of payment of fine to further undergo R.I. for a period of three months. It is against this order of conviction and sentence that the present appeal has been filed. The prosecution with a view to bring home the offence against the appellant examined PW-1 Dr. Ashok Kumar Gupta from the S.G.T.B. Hospital, Amritsar. He only proved the bed head ticket regarding Dalbir Kaur. Dr. S.P. Singh Sohal who appeared as PW-7 stated that on 16th of May, 1987 he had conducted the post-mortem on the dead body of Dalbir Kaur. The dead body was brought on 15th of May, 1987 at 9.30 p.m. by Constable Kanwaljit Singh and was identified by Nazir Singh and Joginder Singh. The dead body was brought from S.G.T.B. Hospital, Amritsar where she was admitted on 14th of May, 1987 at 9.05 a.m. and expired at 10.15 p.m. on the same day. According to police information, she is alleged to have died due to injuries with sharp-edged weapon. The doctor found the following injuries on the dead body of Dalbir Kaur :- 1. A stitched wound with 7 stitches which is obliquely placed on the head starting from 10 cm above the middle of the right eyebrow, going backward and towards left. The bone underneath was partially cut. 2. A stitched wound 12 cm with nine stitches three cm towards right and parallel to injury no. 1. On dissection the bone underneath was cut. On further dissection the brain membrane and brain matter were cut. Blood and blood clots were present in the cranial cavity. 3. A stitched wound 3 cm with three stitches on the left parietal region 12 cm above the left ear obliquely placed. The bone underneath was partially cut. 4. A stitched wound 4 cm with three stitches on the forehead obliquely placed 5 cm vertically above the inner end of the right eyebrow. It was muscle deep. 5. A stitched wound 5 cm with three stitches on the back and medial side of the right fore-arm transversely placed, 6 cm below the elbow joint. The bones underneath were cut. 6. A stitched wound 6 cm with 6 stitches on the back and side of the left fore-arm in its lower third. It was muscle deep. 7. A stitched wound 7 cm with 6 stitches on the front and sides of the left fore-arm three cm above wrist joint. Bones underneath were cut. 8. A stitched wound 5 cm with 5 stitches on the base of the left index finger which was missing. 9. A stitched wound 7 cm with 7 stitches obliquely placed on the middle of the left thumb. The bone underneath was cut . Death in the opinion of the doctor was due to shock and haemorrhage as a result of injury to head accompanied with multiple fractures which were sufficient to cause death in the ordinary course of nature. The time between injuries and death was about 14 hours and between death and post-mortem about 42 hours. In his cross-examination he stated that deadbody was brought on 15th of May, 1987 at 9.30 p.m. along with the police papers. Bed head ticket of Dalbir Kaur is on the judicial file. Rishi Ram Draftsman PW-2 who had prepared the scaled site plan EX.PB proved the same. Nazir Singh father of the victim and Joginder Singh nephew who were examined as PW-3 and PW-4 respectively supported the prosecution version. Affidavits of Dalbir Singh ASI and Paramjit Singh MHC were tendered in evidence as PW-5 and PW-6. Kanwaljit Singh Constable who was examined as PW-8 stated that in his presence ASI Sham Singh interrogated the appellant while he was in police custody. The appellant led the police party which was headed by ASI Sham Singh to the place where elephant grass was standing on the bank of pond in the area of village Khiala and the appellant produced a blood-stained Datar which was taken into possession. Its sketch was also made. Sub Inspector Sham Singh who was examined as PW-9 detailed the steps he had taken while investigating the case. The Public Prosecutor tendered into evidence reports of the Chemical Examiner and Serologist Ex. PQ and Ex.PR respectively in evidence.
(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the appellant stated that he was innocent and has been falsely involved by arresting him from his house. He, however, led evidence in defence by examining Darshan Singh Librarian, SGTB Hospital, Amritsar as DW-1. He stated that he had brought the bed head ticket of Dalbiro. She was admitted in the hospital on 14th May, 1987 at 9.05 a.m. and expired on the same day at 10.15 p.m. He also stated that it was not clear from the bed head ticket as to who brought the patient in the hospital. In his cross-examination he admitted that there is mention in the bed head ticket that the patient was beaten by her husband.;