- (1.) This is an appeal by the Appellants-accused (hereinafter referred to as 'the accused') against the judgment dated 29.4.2000/1.5.2000, passed by the learned Additional Sessions Judge-II Kangra at Dharamshala, whereby, the accused have been convicted and sentenced as under: -------------------------------------------------------------------------------- Name of the accused Offence for which Sentence imposed convicted -------------------------------------------------------------------------------- (1) (2) (3) -------------------------------------------------------------------------------- 1. Budhi Singh Under Sections (i) Rigorous imprisonment for two years 498-A,302,201/34 and a fine of Rs. 1,000 and in default of I.P.C payment of fine to undergo simple imprisonment for a period of six months, under Section 498-A I.PC. (ii) To undergo life imprisonment and to pay a fine of Rs. 2,000/-and in default of payment of fine to undergo simple imprisonment for one year under Section 302 I.P.C. (iii) Rigorous imprisonment for a period of one year and a fine of Rs. 1,000/- and in default of payment of fine to undergo simple imprisonment for a period of six months under Section 201/34 I.P.C. 2. Ram Saran 201/34 I.P.C. Rigorous imprisonment lor one year and a fine of Rs. 1,000/-and in default of payment of fine to undergo simple imprisonment for a period of six months under Section 201/34 I.P.C. 3. Smt. Pachho 201/34 I.P.C. Devi Rigorous imprisonment for one 4. Smt. Raksha Devi year and a fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for a period of six months under Section 201/34 I.P.C. --------------------------------------------------------------------------------
(2.) Briefly stated, the case of the prosecution is that on 26.6.1998 at 4.20 p.m., a telephonic information was received from Sanjay Kumar (PW 5) at Police Station Dehra to the effect that Suman (since deceased) wife of accused Budhi Singh had died because of the collapsing of the wall of their house in village Jambal, Police Station Dehra District Kangra but he had not visited the spot, therefore, action be taken in the matter. The information was recorded at the aforesaid Police Station vide D.D. Report Ex. PW-11/A. Thereafter, Nathu Ram, Officer-in-charge of the Police Station (PW-12) along with a few other police officials, visited the place of occurrence. On inspection of the spot, PW-12 found that dead body of Suman was kept in a room of the house and injury on her fore-head was noticed. It was also observed by him that the wall appeared to have been demolished and had not collapsed. Therefore, he prepared Inquest Reports Ex. PW-1/B and Ex. PW-1/C and took photographs of the dead body and the wall Exts. PW-3/A-1 to PW-3/A-5 and sent the dead body for post-mortem examination. The post-mortem examination of the dead body was conducted by Dr. D.P. Swami (PW-1) and Dr. Era Vermani in Zonal Hospital, Dharamshala. At the time of post-mortem examination, the following ante-mortem injuries were noticed on the dead body of the deceased: Ante-mortem injuries: 1. Bruises 2 in number on each side of the forehead on prominent parts. Reddish in colour each 2" x 2" size, almost rounded in shape. No tailing was present. 2. Grazed abrasions 2 in number each on the mid front part of the thigh 5" x 1/2" each reddish tailing above downwards. Cranium and Spinal Cord: Haematoma two in number on each side of forehead in frontal area dark reddish in colour. Each 1" x 1" size. No associated fracture of the skull was present. Brain and membrances congested. The post-mortem report issued by them is Ex. PW-1/A. As per the provisional opinion given in the report, the cause of death of Suman was asphyxia due to combined effect of mechanical suffocation and asphyxia. The viscera of the deceased was preserved for chemical analysis and the final opinion was also to be given after receipt of the report about the chemical analysis of the viscera.
(3.) After receipt of the report Ex. PX from the Assistant Director, State Forensic Science Laboratory, Junga, according to which no poison or alcohal was found in the viscera, the final opinion about the cause of death is that the deceased died of combined effect of mechanical asphyxia and suffocation due to ante-mortem pressure and foreign bodies on the chest (respiratory passage), respectively, and the final opinion so given is Ex. PW-1/E.;