- (1.) This appeal, by special leave, is against the order of the Punjab High Court dismissing the appellant's appeal against his conviction under S. 307, I.P.C.
(2.) Bimla Devi, P. W. 7, was married to the appellant in October, 1951. Their relations got strained by 1953 and she went to her brother's place and stayed there for about a year when she returned to her husband's place at the assurance of the appellant's maternal uncle that she would not be maltreated in future. She was, however, ill-treated and her health deteriorated due to alleged maltreatment and deliberate under-nourishment. In 1956, she was deliberately starved and was not allowed to leave the house and only sometimes a morsel or so used to be thrown to her as alms are given to beggars. She was denied food for days together and used to be given gram husk mixed in water after five or six days. She managed to go out of the house in April 1956, but Romesh Chander and Suresh Chander, brothers of the appellant, caught hold of her and forcibly dragged her inside the house where she was severely beaten. Thereafter she was kept locked inside a room.
(3.) On 5th June 1956, she happened to find her room unlocked, her mother in law and husband away and, availing of the opportunity, went out of the house and managed to reach the Civil Hospital, Ludhiana where she met lady Doctor Mrs. Kumar, P. W. 2, and told her of her sufferings. The appellant and his mother went to the hospital and tried their best to take her back to the house, but were not allowed to do so by the lady Doctor. Social workers got interested in the matter and informed the brother of Bimla Devi, one Madan Mohan, who came down to Ludhiana and, after learning all facts, sent information to the Police Station by letter on 16th June 1956. In his letter he said : "My sister Bimla Devi Sharma is lying in death bed. Her condition is very serious. I am told by her that deliberate attempt has been made by her husband, mother-in-law and brother-in law and sister-in-law. I was also told that she was kept locked in a room for a long time and was beaten by all the above and was straved. I therefore request that a case may be registered and her statement be recorded, immediately." The same day, at 9-15 p.m., Dr. Miss Dalbir Dhillon sent a note to the police saying 'My patient Bimla Devi is actually ill. She may collapse any moment.';