Adarsh Kumar Goel, J. - (1.) THE appellant challenges his conviction under section 302 IPC, for which he has been sentenced to undergo life imprisonment and to pay fine of Rs. 1000/ -, in default to undergo further RI for two months.
(2.) CASE of the prosecution is that Charanjit Kaur, deceased was married to the appellant about seven years prior to the occurrence, which took place on 7.2.1997 at 9 PM. A son was born out of the wedlock, who was about two and a half years on the date occurrence. On 7.2.1997, Darshan Singh PW2, brother of the deceased and his nephew Sukhpal Singh PW3 went to the house of the accused to meet the deceased. They found that the appellant was under the influence of liquor and was sitting on a cot. The deceased was advising him to stop taking liquor from the candidates contesting the election. The appellant reprimanded her. On intervention of Darshan Singh and Sukhpal Singh, the matter was settled. After taking meals, Darshan Singh and Sukhpal Singh slept in the verandah, while the appellant and the deceased went to sleep in their room. At 9 PM, Darshan Singh and Sukhpal Singh heard the noise of talking of the appellant and the deceased. The appellant was remarking as to how she could stop him from taking liquor. Electric light was on. In their sight, the appellant picked up a "ghotna' (a wooden piece used in the kitchen) and gave a blow in the stomach of the deceased with force. She fell down. The appellant ran away from the spot with the said 'ghotna'. Darshan Singh and Sukhpal Singh attended to the deceased but she died on account of injuries. Leaving Sukhpal Singh to guard the dead body, Darshan Singh went to inform his family members. He met the Sarpanch at 1.30 A.M. In the morning at 3.45 AM, on 8.2.1997, Darshan Singh alongwith Ajaib Singh, Sarpanch, met Inspector Amolak Singh PW4, who recorded his statement Ex.PF, which led to registration of FIR. PW4 Inspector Amolak Singh went to the place of occurrence, prepared site plan, inquest report and sent the dead body for post mortem, apart from taking other steps. The accused was arrested on 17.2.1997 and on his disclosure statement, 'ghotna' Ex.P1 was recovered. After investigation, the accused was sent up for trial. Pw1 Dr. Vijay Kumar Singla conducted post mortem examination on 8.2.1997 at 4.50 PM and made following observations: - "1. There was reddish contuse swelling 10 cm x 5 cm on the left lateral and upper part of the abdomen extending to the posterior side. On dissection underlying 10th and 11th ribs were fractured. Clotted blood was present in the tissue. On further dissection spleen was lacerated on posterior lateral aspect and peritoneal cavity was full of blood. On Thorax. Walls ribs and cartilages as describe pleurae, larynx and tracheae were healthy. Right lung and left lung healthy and slightly congested pieces of both lungs sent for chemical examination. Heart was healthy and empty. Abdomen" was healthy and as described. Peritoneum, mouth pharyn and oesophagus were healthy. Stomach and its contents, small intestines and their contents, large intestines and their contents, liver, spleen, kidneys etc., were healthy and sent to chemical examination. Bladder healthy and empty. Organs of generation external and internal healthy and clotted blood was present in the vagina uterus non gravid. No external injury was seen on the vagina." In his opinion, the death was as result of shock and haemorrhage in view of injury No. 1, which was ante -mortem and sufficient to cause death in the ordinary course of nature.
(3.) THE prosecution examined PW1 Dr. Vijay Kumar Singla PW1, Darshan Singh PW2, Sukhpal Singh PW3 and Inspector Amolak Singh PW4.;