H.S.BHALLA, J. - (1.) This appeal is directed against the judgment dated 4.9.1997 passed by Additional Sessions Judge, Sonepat, whereby he convicted the appellant under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and he was ordered to pay a fine of Rs.5000/-; in default thereof, he was further directed to undergo rigorous imprisonment for one year.
(2.) Adumbrated facts required to be noticed for the disposal of the appeal are that Inderjit Kaur wife of Prem Singh, resident of Pinana, was sleeping in her residential house on the night intervening 17/18.2.1995 along with her children, namely, Gulab and Deepak, while Prem Singh was sleeping in a different room along with his father Mauji Ram, who had been suffering from dysentery. During night, accused Pale Ram knocked the door of the room of Smt. Inderjit Kaur where she was sleeping. Inderjit Kaur opened the door and allowed Pale Ram accused to come inside. Thereafter, Pale Ram bolted the door from inside and questioned Inderjit Kaur as to why she has been permitting Shamsher to visit her and why she has been enjoying sex with Shamsher, whereupon Inderjit Kaur retorted and told Pala Ram accused that she shall allow Shamsher to visit her and continue her sexual relation with him. On account of this, hot words were exchanged and physical altercation also took place between the two. Accused Pale Ram was having a knife and a kassi was also lying in the house. He inflicted kassi blows and knife blows and after causing murder of Inderjit Kaur, he left after shutting the doors of the room. Deepak and Gulab witnessed the occurrence, but they were frightened. Out of fear, they could not either intervene nor made hue and cry. At about 5.00 A.M., Prem Singh knocked the doors whereupon Gulab opened the doors followed by Deepak. Both of them told Prem Singh that Inderjit Kaur, their mother, had been murdered by some unknown persons. Prem Singh called his brothers and then informed the Sarpanch, who reached the spot and villagers also gathered there. Matter was reported to the police. Sub Inspector Mann Singh recorded statement, Ex. PA, of Prem Singh, whereupon formal FIR, Ex. PA/1, was recorded by Assistant Sub Inspector Mehar Singh. Then he conducted inquest proceedings Ex. PG and picked up blood stained earth after converting it into a parcel and also took rope of the cot into possession vide memo Ex. PJ. He got the spot photographed; prepared rough site plan of the place of occurrence Ex. PM with correct marginal notes; got the dead body post mortemed. Thereafter, in the afternoon, he came to know that Pale Ram had committed the murder of Smt. Inderjit Kaur. He recorded the statements of Gulab and Deepak and effected arrest of Pale Ram. He was interrogated. He disclosed that he had kept concealed the kassi somewhere. Disclosure statement was recorded and in pursuance thereof, the same kassi, Ex. P7, was recovered, which was packed and sealed. Rough site plan of the place of occurrence was prepared and Kassi, Ex. P-7, was taken into possession. Blood stained earth was sent to Director, Forensic Science Laboratory. After completion of necessary investigation, accused was challaned and sent up for trial.
(3.) Accused was charge-sheeted under Section 302 of the Indian Penal Code, to which he did not plead guilty and claimed trial. Prosecution, in order to prove its case, examined Om Parkash, Photographer (PW-1), Prem Singh, husband of the deceased (PW-2), Dr. Subodh Kumar (PW-3), Assistant Sub Inspector Mehar Singh (PW-4), Gulab (PW-5), Deepak (PW-6), Rajesh Kumar, draftsman (PW-7), Mehar Singh (PW-8), Sukhbir (PW-9), and Sub Inspector Mann Singh (PW-10). PWs Raghbir and Dalbir were given up being unnecessary and after tendering into evidence report of FSL, Ex. PR, closed its evidence. In his statement recorded under Section 313 of the Code of Criminal Procedure, accused denied all the prosecution allegations levelled against him and pleaded innocence.;