Ram Singh Vs. State of Rajasthan - Court Judgment

Excerpt:
penal code - sections 302 and 325--two daughters of deceased of lender age but reliable witnesses--allegation that deceased was of easy virtue but no grave and sudden provocation--held, conviction is maintained.;appeal dismissed - - the testimony of these two witnesses is a reliable one. we have gone through the statements of these two witnesses and after going through the statements, we are satisfied that the testimony of these two witnesses is reliable one and trustworthy also.ashok kumar mathur, j.1. this is an appeal filed by accused ram singh against his conviction under section 302 and 325, i.p.c. by the learned additional sessions judge, hanumangarh vide his judgment dated november 5, 1981.2. the facts giving rise to this case are that accused is a resident of village surewala and his sister deceased smt. pyari is a widow. smt. pyari was residing in the village surewala along with her two daughters pw 2 miss panchi and pw 3 miss darvesh. on april 11, 1981, at about 12.00 or 1.00 p.m., smt. pyari alongwith her two daughters went for bath near the canal. all the three had already taken their bath and were washing their clothes, the accused, armed with a kripan, came there and told mst. pyari that why she has developed illicit relations with undesirable persons. thereafter he immediately took out the kripan and attacked mst. pyari. he gave several blows with the kripan on the body of mst. pyari, as a result of which she fell down. thereafter she expired on the scene. pw 3 miss darvesh, when saw her mother being beaten, intervened but she was also given a blow with the kripan on her right hind. they shouted for help. thereafter they ran away from the seas and informed one shanker and then went to the village for some help when they returned back to the site, they found that their mother was lying dead on the scene. they started weeping. at that stage, the station house officer mr. bootasingh of the police station reached on the site. thereafter necessary investigation was taken up and the accused was rounded up. after closing of the investigation, the accused was charged under sections 302, 326 and 324, i.p.c. he was sent for the trial under the aforesaid charges. the prosecution examined eleven witnesses and got a large number of documents exhibited. the accused, in his statement under section 313, cr. p.c. denied the charges and submitted that mst. pyari was a lady of easy virtues. the learned additional sessions judge, after due trial, convicted the accused under the aforesaid sections. aggrieved against this, the accused has preferred this jail appeal.3. mr. anil rajwanshi was appointed amicus curiae.4. we have heard the learned counsel for the parties and have perused the record.5. the whole case hinges on the testimony of two eye witnesses, viz., pw 2 miss panchi and pw 3 miss darvesh. the incident took place in the presence of these two witnesses and they are the daughters of the deceased. accused is also the real brother of the deceased. the testimony of these two witnesses is a reliable one. miss panchi (pw 2) has stated that the accused came with the kripan & dealt a number of blows with the kripan on various parts of the body of the deceased, as a result of which she died on the scene. this statement has been supported by pw 3 darvesh. both the daughters are young and are related to the accused as he is their maternal uncle. pw 1 dr. bhim singh, who examined the body of the deceased, stated that these injuries are sufficient in the ordinary course of nature to cause her death.6. mr. rajwanshi, learned amicus curiae submits that the testimony of these two witnesses viz., pw 2 panchi and pw 3 davresh should not be relied as they are too young and secondly they are daughters of the deceased. we have gone through the statements of these two witnesses and after going through the statements, we are satisfied that the testimony of these two witnesses is reliable one and trustworthy also. they are competent to depose not with standing their tender age. thus, we do not find any substance in the arguments of the learned amicus curiae for not relying upon the testimony of these two witnesses.7. the learned amicus curiae has next submitted that the deceased herself was a lady of easy virtues and this gave a grave provocation to her brother and as a result of which he has dealt her so severally. we are afraid, this submission is also without any basis. this was not a grave and sudden provocation. if the deceased was a lady of easy virtues, then there was no cause at that time to provoke the accused for causing these deadly injuries on the body of the victim. thus, the plea of grave and sudden provocation is untenable.8. as a result, we do not find any merit in this appeal and it is dismissed. the conviction and sentence of the accused is upheld.