S.S.DEWAN, J. - (1.) DHARAM Pal appellant along with three other accused namely, Bimbla Devi, Assa Ram and Saraswati were brought to trial before the Court of Sessions at Ferozepore, for committing the murder of Subhash Chander. The learned Sessions Judge, Ferozepore, acquitted the aforesaid three accused of the charge. Dharam Pal stands convicted under Section 302, Indian Penal Code and has been sentenced to life imprisonment and a fine of Rs. 2,000/- or in default to undergo further rigorous imprisonment for six months. He appeals.
(2.) THE victim of the crime is Subhash Chander son of Dharam Pal appellant. The prosecution case herein has no eye-witness of the alleged occurrence and rests entirely on circumstantial evidence. It emerges there from that Angoori Devi complainant was married to Dharam Pal accused about 15 years ago and out of this wedlock, Subhash Chander since deceased was born. Dharam Pal and his parents used to maltreat Angoori Devi on account of less dowry having been brought by her and ultimately when Subhash Chander was of three years old she was driven out of the house by Dharam Pal after giving her beating and since then she had been residing with her parents. Later on Dharam Pal was remarried with Bimbla Devi illegally and on a criminal complaint filed by Angoori Devi against Dharam Pal and Bimbla Devi along with their respective fathers, were convicted. Angoori Devi also filed an application for maintenance against Dharam Pal. On appeal before the Court of Sessions, the conviction and sentence of the accused in that case was upheld and feeling aggrieved by that order, the accused filed a revision in the High Court and the same was also dismissed. It is said that during the pendency of the criminal case, the accused used to threaten Angoori Devi with death or to finish Subhash Chander in case she did not patch up the matter with them. During the days of this occurrence, Subhash Chander since deceased used to reside with Saraswati Devi accused. On 3.11.1984 Hazari Lal and Chanan Ram came to Angoori Devi and informed her that Subhash Chander had been done to death by the accused. Angoori Devi went to the house of the accused to enquire about it and they told her that the dead body of Subhash Chander was lying in the cremation ground. Angoori Devi then reported the matter to the Station House Officer of Police Station City, Abohar regarding the murder of Subhash Chander. When the case was not registered on her application, she contacted the Executive Magistrate, Abohar for getting the dead body of Subhash Chander recovered and subjecting it to post mortem examination. Under the orders of the Executive Magistrate, the dead body of Subhash Chander was dug out from the cremation ground and later on subjected to post-mortem examination consequent upon the order dated 11.11.1984 passed by the Judicial Magistrate, Ist Class, Fazilka. Gurdev Singh Assistant Sub Inspector held inquest and sent the dead body to the mortuary for autopsy. On receipt of the post mortem report, the case was registered at the Police Station City, Abohar. Dr. Partap Singh PW.3 conducted autopsy on the dead body of Subhash Chander on 12th November, 1984 at 11 a.m. and found the following :- "The body was moderately built and nourished. There was green discolouration of the skin over the abdominal wall the iliac fosse. The skin was wrinkled and peeling off at places. The abdomen was distended. The eye balls were sunken. The mouth was half open. The face was softening and had filed white colour. Rigor mortis had passed off. There was no external mark of injury on the body. The stomach contained about 50 CC of semidigested food material. Dark red irregular patches were seen in the posterior wall and interior wall as a result of petrification. The blobs were present on inner surface. The small intestine was inflated due to gases. The post-mortem was performed within 7 to 12 days of the death. Both the lungs were soft and caseous bullae was present. There was clotted blood in the right side of the chest cavity. Both the lungs were congested. There was presence of caseous material in the upper and the middle lobe of both the lungs. There was cavity 3 cms. x 2 cms on the upper lobe of the right lung. Clotted blood was present in the cavity of the lung. There was another cavity on the right lung in its middle base. The viscera of the deceased was sent to the Chemical Examiner to determine the cause of the death." Death was opined to be due to poisoning by insecticide of choloro compound and alcohol, Sub Inspector Joginder Singh arrested the accused and after necessary investigation, the accused were challaned and committed.
(3.) TO connect the accused with the crime, the prosecution examined as many as eleven witnesses. Hazari Lal PW.4 deposed to have informed Angoori Devi regarding the death of her son Subhash Chander. Angoori Devi P.W.5 is the first informant, Shiv Lal PW.7 deposed that in his presence Dharam Pal and his wife Bimbla Devi accused offered tea to Subhash Chander who refused to take it but on their persistence he took it and that when Subhash Chander represented that his mouth had gone bitter after taking tea, Dharam Pal got his Saltish biscuits and that on the following morning he (witness) learnt about the death of Subhash Chander. Jagir Singh PW8 deposed that Dharam Pal confessed his guilt before him. Dr. Tarlok Singh PW9 deposed that on examination of the viscera, choloro compound was found in the stomach, spleen, kidney, liver and the viscera of Subhash Chander deceased. Sub Inspector Joginder Singh PW.11 investigated the case. When examined under Section 313, Cr.P.C., the accused denied the prosecution allegations and pleaded false implication in the case. Dr. A.R. Talwar and Hari Chand were examined in defence.;