- (1.) THE solitary appellant Phool Singh, the husband of the deceased Smt. Ramkali, has appealed against his conviction recorded by the learned Additional Sessions Judge, Mathura on the 30th of April, 1983 in Session Trial No. 217 of 1982, by being convicted for committing offence under Section 302 of the IPC. THE appellant was directed to suffer rigorous imprisonment for life.
(2.) IT is the written report, Ext.Ka.-1 of P.W.-1 Chokhey Lal, which was the basis for the prosecution of the appellant. IT was stated by P.W.-1 that the present appellant who was his full brother, was a man of bad habit, who used to indulge into a gambling and as a result thereof, had alienated immovable properties falling into his share. The appellant, at the same time, was an idler, who was the father of four little children and never went to work anywhere. The deceased, Ramkali used to impress upon him the need to labour so as to sustaining the life of the couple as also their children. But, the appellant used to retaliate his wife by beating her up. Counsel falling from his brothers also did not have any effect when the appellant used to be pointed out by them that his wife was right in asking him to work and labour for earning livelihood, else the appellant with his whole family would starve to death. It is in the above background that it was alleged by P.W.-1, that about 10 days prior to the occurrence, the appellant was found assaulting his wife at about 6.00 P.M., when the informant and Roshan Lal (P.W.-3), a neighbour of the appellant, rushed alongwith others, like, Som Prasad, Omveer and Moti to intervene to save the lady from further being beaten up and also threatened the appellant on assaulting his wife. It was stated by the informant that on that particular day also the appellant had given out that he will end the life of the lady, who had become a perennial problem and a source of permanent harassment to him. The next day, the appellant is said to have dispatched the lady to the house of her father's sister at village Ujrai because her parents and other relatives from that side were fully supporting her. After 5-6 days of that sending off of the lady by the appellant to village Ujrai, her full brother Ram Kishan (C.W.-1), came with the lady to the house of the appellant, but the appellant refused to allow her entry in his house and instead assaulted Ram Kishan (C.W.-1) and at that particular time also the younger brother of the informant, namely, Meen Lal and another neighbourer Moti alongwith the informant came there and pacified the appellant. It was stated that on that particular day also, the appellant had again threatened that he had to have some permanent solution for the problematic lady else she would not relent.
(3.) THE final allegation, which was made in the written report, was that on 14.05.1982 at about 3.30 p.m., while the informant was at his Nohra, when a boy came and informed him that the appellant was assaulting his wife Ram Kali. THE informant rushed to the house of the appellant and heard the cries coming out of it. Persons of the neighbourhood including Roshan Lal (P.W.-3) and Som Prasad had also arrived there and they all entered inside the house when this appellant rushed out of it from its eastern room. THE informant was asking the appellant as to why for, there was a commotion all around upon which the appellant was said to have stated that the informant and others did not have any business to enter inside his house and ran away from there. THE informant stated that when he and others entered inside the room, they found Ram Kali moaning in pain in a burnt up condition and she was imploring the informant and others that her husband had burnt her and they should save her. THE informant stated that he and others put water on her to extinguish the fire and came with written report Ext. Ka.-1 to the police station. On receipt of the written report, Ext. Ka.-1, P.W.-4, Rajendra Singh, who was posted as the 3rd constable in police station, Sadabad, drew up the F.I.R., Ext.Ka.-3, and prepared the copies thereof besides making relevant entries in the general diary. The Investigation was taken up by P.W.-8 S.I. N.P. Singh, who came to the place of occurrence by his official jeep and finding Smt. Ram Kali in a burnt up condition, sent her to hospital by his official jeep alongwith constable Nagendra Singh. He, thereafter, requested the Tehsildar, P.W.-6, Sri Chandrabhan Singh to come to the Hospital, Sadabad for recording the dying declaration of the deceased.;