Decided on January 10,1997



KAMLESH SHARMA, A.C.J. - (1.)In this appeal Abhey Singh appellant has assailed judgment dated 25-7-1996 passed by Sessions Judge, Kangra at Dharamshala, whereby he has been convicted of offence under Section 302, IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-. In default of payment of fine, he has to further undergo rigorous imprisonment for three years. However, he shall get the benefit for the period he remained in custody before or during the trial of the case under Section 428, Cr. P.C.
(2.)Brief facts of the prosecution case are that on 23-1-1995 Rasil Singh Katoch, the father of appellant Abhey Singh, informed Police Station Palampur on telephone that his son Abhey Singh had shot his wife Poonam dead at about 7.00 P.M. and requested to take necessary action. This information was recorded in Daily Diary Ex. PEE at 8.02 P.M. by ASI Lal Singh PW-26. He along with constables reached on the spot and recorded statement Ex. PB of Bhumi Chand PW-2 under Section 154, Cr. P.C., on the basis of which FIR Ex. PB/1 was recorded in Police Station Palampur. As per the statement of Bhumi Chand, on 23-1-1995 at about 7.15 P.M. Ramesh Chand PW-8 came to his house and told him that appellant Abhey Singh had killed his wife Poonam with his 12 bore single barrel gun. On receipt of this information Bhumi Chand rushed to the house of appellant Abhey Singh along with Ramesh Chand, where he found Rasil Singh PW-3, his wife Gitan Devi, his two sons appellant Abhey Singh and Udhey Singh, Thakri Devi PW-5, Khirdu Ram and Mansha Devi PW-19 present. On his enquiry, Rasil Singh PW-3 told him that his eldest son appellant Abhey Singh had shot his wife dead and her body was lying in the kitchen. Thereafter, he went to the kitchen and found dead body of Poonam lying on the ground in a pool of blood with her one side down. Bhumi Chand has further stated that Rasil Singh had tied the hands of appellant Abhey Singh behind his back. Bhumi Chand sent Udhey Singh to call Pardhan and asked Ramesh Chand to inform the police from his telephone and arrange for a vehicle. After some time Bachitter Singh, Pardhan PW-4 reached on the spot but in the meantime appellant Abhey Singh had absconded, when Rasil Singh had gone out to bring another rope to tie his feet. According to Bhumi Chand, Ramesh Chand had come back and informed him that Rasil Singh had himself informed the police on telephone, in pursuance of which the police reached on the spot. He has also stated that 12 bore gun was lying at the spot. Thereafter, ASI Lal Singh prepared inquest report Ex. P.L. which is signed by Bhumi Chand and Bachittar Singh, Pardhan. Against Column No. 12 of the inquest report the weapon of offence is mentioned as 12 bore single barrel gun, whereas, against column No. 20, it is mentioned 'Killed with a gun shot'. In the end brief description of the case, as mentioned in the statement of Bhumi Chand under Section 154, Cr. P.C. is given.
(3.)Post mortem on the dead body of deceased Poonam was conducted by Doctor Baldev Kumar PW-1, who issued post mortem report EX. PA. He has deposed :-
"An oval punctured wound 2.5 x 2.5 cms. on the left chest 2 cms. from mid line at the level of 3.5 cms. above xiphisternum. Margins of the wound were irregular and burnt surrounding, skin was tatooed more on the supero-lateral aspect of the wound. This wound mark is corresponding to the Kameez hole. Wound was directed posteriorly downwards and to the right reaching and fracturing tip of the xiphisternum and then puncturing the abdomen. On disSection of the wound, there was massive laceration of the whole liver (all lobs of liver) and puncture of the diaphragm and pericardium and tearing both ventricles of heart and also puncturing stomach and pieces of cartridges and ribs and pellets were lying near the verteveral column. Chest and abdomen was full of blood and large vessels were punctured at the level of 9th and 10th thoracic vertebra. The described wound was wound of entry and ante mortem in nature. There was no wound of exists. During disSection of the wound, a conical card board cylinder of the length 2.2. cms and 1.9 cms in diameter size, hard too wads (one of the card board and another of the plastic) and multiple pellets and three pieces of the fractured ribs were taken out from the depth of the wound on vertebra. Hence the total depth of the wound now measured was 21 cms. The card board cylinder both wards and ten pallets taken out, were sent for chemical examination."

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