JEET SINGH Vs. STALE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By this appeal, the accused has challenged his conviction by the Sessions Judge in Sessions Case No. 16 of 1987 decided on £ -2 -1988 whereby the accused was convicted under section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000. 2 The facts, in brief, are that the accused was married to Sudarshana. Shri Durga Singh, her father, informed the police telephonically on 17 -4 -J987 at 3.20 p. m. that his daughter Sudarshana, married to Jeet Singh accused of Lahar, died at the house of her in -laws at 5.00 a. m. so immediate action may be taken by visiting the spot. On receiving this information, the Station House Officer Shri Kashmir Singh conducted inquest proceedings and found that the mother -in -law (Bhago Devi) and sister -in -law (Rekha) of the deceased used to taunt and tease her. She was also blamed for taking away house -hold articles to her parents. The accused, who was in the Army, also mis -behaved with the deceased at the instance of his mother and sister. On 16 -4 -1987, the deceased was hale and healthy. She did normal work in the fields and went to sleep after taking her meals. After mid -night at about 5.00 a. m. she complained heart pain. The family members were ready to call for the Doctor or Vaid, but in the meantime, she died. It was also observed that there were no visible marks of violence on her body except a black round mark on the neck. The cause of death not known nor there was any rumour in the public that the death had been caused due to violence or poisoning. However, the Investigating Officer found the circumstances leading to her death to be of doubtful nature.

(2.) that the deceased died of poison said to have been administered.

(3.) Consequently, the body was subjected to post -mortem examination by a team of Doctors, namely, Dr. P. C. Gupta, Dr. N. K. Sharma and Dr. Mrs. S. Patyal on 18 -4 -1987. Their opinion was that the deceased died of asphyxia due to suffocation caused by smothering and/or internal airway obstruction. The Viscera was preserved, packed and sealed. It was sent to the Chemical Examiner.