JAGGA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Jagga accused was tried, convicted and sentenced to imprisonment for life and a fine of Rs. 3,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months under section 302 Indian Penal Code, to rigorous imprisonment for six months and a fine of Rs. 300/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months for the commission of the offence under section 324 of the Indian Penal Code and to rigorous imprisonment for two years and a fine of Rs. 700/- and in default to suffer rigorous imprisonment for a period of three months of the commission of the offence under section 325 of the Indian Penal Code, respectively, vide the impugned judgment dated April 19, 1991 passed by the learned Additional Sessions Judge Solan, camp at Nalagarh in Session Trial No. 7- NL/7 of 1990.

(2.) Smt. Ulfat Begam is the deceased and Smt. Garibo is the injured party in the instant incident. The former is the mother-in-law of the accused whereas latter is his wife. The marriage in between said Smt. Garibo and the accused was solemnised about 20 years ago and they have six children from their marriage. As per the prosecution version, the family of the accused was poor which resulted in constant quarrels between the accused and his wife. The in-laws of the accused were rich. On 24th December 1989, the deceased her husband Sh. Abadan (P.W. 10) had come to the village of the accused, namely, Kunjahal, on having been apprised of a recent quarrel between the accused and his wife. On December 25, 1989, on enquiry, the accused admitted his mistake and sought forgiveness in the presence of 5/Shri Surmu, Mehru (P.W. 12) and Bachana (P.W. 11).

(3.) Bachana (P.W. 11) is the brother of the accused. They were residing in the same building in village Kunjahal. The prosecution version is that on the above said date, i.e. 25th December 1989, all the male persons slept in the house of Bachana P.W. whereas the accused along the his wife and mother-in-law as also the children, slept in their own house. The children were in one room whereas the accused, deceased and the injured were in the adjoining room at the material time. Garibo was awakened by the voice of her mother crying in pain and saw the accused standing near the bed of the former (her mother) the an axe in his hand. She also observed that head of her mother was profusely bleeding. The accused again repeated the blow from the right side of the axe on the head of Smt. Ulfat at which P.W, Garibo raised an alarm. At this, the accused Jagga caused injuries 10 her also. The alarm raised by her attracted Abadan (P.W. 10) Surmu and Mehru (P.W. 12) etc. They reached the spot and saw the accused standing the an axe in his hand by peeping through a window. Electric light was on and the door had been locked from inside. They warned the accused to restrain himself and open the door but of no avail. Thereupon, Bachana (P.W. 11) broke open the door the his own axe at which accused Jagga ran out but was over-powered and confined to another room. Nasib Din (D.W. 1) and Bachana (P.W. 11) went to call the doctor. Another person standing there was requested to inform the police through telephone which he did and the police reached the village Kunjahal on the following morning. Dr. Uma Dutt (P.W. 4) had visited the house at about 4 A.M. and on examining Smt. Ulfat, declared her to be dead. However, he extended first aid to the injured Smt. Garibo.