J.S. Khehar, J. - (1.) THE instant appeal has been filed against the order passed by the Additional Sessions Judge, Ludhiana in Sessions Case No. 48 of 2002 decided on 8.8.2003. By the impugned judgment, the appellants Shiv Chand and Maya have been held guilty of having committed the murder of Indira Wati punishable under Section 302 of the Indian Penal Code. By a separate order passed on the same date the accused/appellants Shiv Chand and Maya were sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/ - each. In default of payment of fine, they were ordered to undergo further rigorous imprisonment for a period of two years each. It was also ordered that out of the fine (if recovered) an amount of Rs. 8000/ - would be paid to the child of deceased Indira Wati.
(2.) THE prosecution version of the incident is based on the complaint made by Mohinder Kumar PW 2 on 24.12.2001 at 7.05 P.M. to ASI Pavittar Singh PW 4 at the Civil Hospital Ludhiana. According to the complainant Mohinder Kumar PW 2 he had five brothers and one sister. Indira Wati wife of the accused Shiv Chand was his sister. Shiv Chand was originally a resident of Rasulpur Nandla, Police Station Raunipur in District Azamgarh (Uttar Pradesh). However, for the last 16/17 years, he had been living at Mohalla Kot Mangal Singh, Ludhiana. The accused/appellant Shiv Chand and his sister Indira Wati were blessed with five children. Despite the fact that the accused/appellant Shiv Chand and his sister Indira Wati had been married for a long time, accused Shiv Chand had illicit relations with the accused Maya. It was also alleged that the accused Maya had been visiting accused Shiv Chand at his house for the last one year. On account of the relationship between accused/appellant Shiv Chand and accused/appellant Maya, there was bickering between accused Shiv Chand and his sister Indira Wati. Indira Wati used to oppose the accused Maya for visiting their house. As per the version in the complaint, the relationship between the accused Shiv Chand and accused Maya, had been disclosed to the complainant by his own sister Indira Wati. On 22.12.2001, the complainant's sister Indira Wati was allegedly brought to the house of the complainant Mohinder Kumar PW 2 at Yamunanagar from Ludhiana in an unconscious condition by the accused Shiv Chand. On inquiries made by the complainant Mohinder Kumar PW 2, he was informed by the accused Shiv Chand, that his wife Indira Wati had fallen from the roof due to which she had suffered injuries. The complainant Mohinder Kumar PW 2 alleged in his complaint to the police, that he got suspicious with the narration of the accused/appellant Shiv Chand, and accordingly, the complainant Mohinder Kumar PW 2 and his other brother Panna Lal went to Ludhiana to find out the factual position. They made inquiries about the injuries suffered by her at the Mohalla where their sister Indira Wati was residing. The residents of the Mohalla as well as Kulwinder Singh Saini PW3 informed them that on 20.12.2001 at about 12:00 noon/1:00 P.M. they had seen the accused/appellants Maya and Shiv Chand quarreling with Indira Wati on the roof of the house. The accused Maya was pushed by Indira Wati and, resultantly, Indira Wati had fallen down from the roof due to which she had suffered all the injuries on her hand and left shoulder besides four broken front teeth. According to the complainant Mohinder Kumar PW 2 Indira Wati was taken back to Ludhiana in the same van in which she had been brought to Yamunanagar, and where she was admitted to Civil Hospital, Ludhiana, for treatment. The complainant Mohinder Kumar PW 2 in his complaint dated 24.12.2001 suggested that appropriate proceedings against the accused/appellants Shiv Chand and Maya be initiated in accordance with law. On the basis of the aforestated statement made by Mohinder Kumar PW 2 to ASI Pavittar Singh PW 4 on 24.12.2001, First Information Report bearing No. 19 was registered at Police Station Shimlapuri in Police District Ludhiana at 7.05 P.M. on 24.12.2001. When Indira Wati was admitted to the Civil Hospital, Ludhiana on 23.12.2001 a medico legal report was prepared by Dr. S.K. Sharma PW 1 which disclosed the following injuries on her person: 1. Diffused swelling on the right side of head advised X -ray. Referred to surgical specialist. 2. Complaint of pain on the left shoulder with bluish discolouration and immoveability. Advised X -ray. Upper front four teeth were missing. Referred to dental surgeon for opinion. 3. Indira Wati died at Civil Hospital, Ludhiana on 26.12.2001. Dr. S.K. Sharma and Dr. Ashok Raswant conducted the post mortem examination on the dead body of Indira Wati on 26.12.2001 and found the following injuries on her person: 1. Upper four insicor missing. 2. Fracture of left clavicle . 3. Diffused swelling right side of the head.
(3.) THE post mortem report also revealed multiple fractures on the right side of the skull with haematoma in the cavity. According to the post mortem report the death of Indira Wati had been caused by head injuries suffered by her which were antimortem in nature and sufficient in the ordinary course of nature to cause death. Although originally when the First information Report was recorded on 24.12.2001 it noticed the commission of offences punishable under Sections 323/324/34 of the Indian Penal Code. After the death of Indira Wati a First Information Report bearing No. 70 was registered at Police Station Shimlapuri, Ludhiana under Sections 302/325/323/34 of the Indian Penal Code.;