Judgment

GOSWAMI, J.:- On July 30, 1968, Bimla, a hale and hearty young girl (19), indeed, by her right, legitimate wife of the accused, Ravinder Singh (23), accompanied on a rail journey her husband, who, after enjoying two months furlough at home, returned to his Air Force Station at Sirsa without her and without the least concern. She was found next morning nearby a wayside distant railway station with acid burns on her face and on other parts of the body with multiple injuries, incapacitated by the shock and affliction, to tell her gruesome story to the few persons who came by her. The only unchallenged thing was that she was pronounced dead in a hospital on July 31, 1968, at 8.45 P.M.

2. Did the husband cause the murder of his wife, is for a final judicial solution before us. The accused husband being charged under Section 302/34, I.P.C., along with some others obtained an acquittal from the Trial Judge. Government s conscience was roused and the High Court on the State s appeal entered his conviction under Section 302, I.P.C., shrinking, however, from administering the extreme penalty under the law. That is how the lifer is before us in this appeal as a matter of right under Section 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act 1970.

3. The entire story as given below is revealed by a friend of the accused, approver Jasbir Inder Singh (21) (PW 5), who was arrested along with the accused on August 13, l968. Accused Ravinder Singh and the approver were employed in the Air Force Department at Sirsa and were good friends. Bhanu Parkash Singh since acquitted, is the cousin of the accused. Satinder Kumar (11) is the accused s brother. During his stay at Sirsa, when his wife Bimla was not there, the accused developed intimacy with a girl, Balbir Kaur, who was insisting on marriage which, however, the accused posing to be a bachelor was putting off holding out hopes to her. Both the accused and the approver took two months leave, the former to construct his house at village Komri. The accused and the approver with Satinder Kumar reached Komri on June 3, 1968, when Bimla was in her parents house. On June 12 or 13, the accused and the approver went to bring her back from her father s house, but on account of a son being born to her brother s wife, a few days earlier, the father-in-law said that he would send her after some days. This led to some exchange of hot words. However, after 7 or 8 days, Bimla returned to her husband s home with her father and brother, Lekh Raj Singh (PW 18). The accused went in early July to see Bhanu Parkash Singh, his cousin, who was employed as Health Visitor at Arnod Dispensary and returned after 8 or 10 days. The approver was in the accused s house during the period. The accused asked his wife that she should agree to a divorce, but she would not. The accused used to say that he would finish his wife one day. On July 29, 1968, Bhanu Parkash Singh came to the accused s house. On the same day the approver also returned from Lucknow where he had gone 7 or 8 days back. On July 30, the accused told the approver in the presence of Bhanu Parkash Singh that he would kill his wife that day. Bhanu Parkash Singh replied that he had brought acid with him and it would help in expediting her death. On July 30, 1968, the accused, his wife Bimla, the approver, Bhanu Parkash Singh and Satinder Kumar left for Sirsa by train from Sasni Railway Station which is at a distance of four or five miles from Komri. The father of the accused came to see them off at the Railway Station. The accused booked a cycle at Sasni Railway Station and purchased two tickets for his wife and Bhanu Parkash Singh, but did not purchase any ticket for Satinder Kumar. Both the accused and the approver had Military Railway warrants for travel.

4. After leaving Sasni at 12 Noon, they arrived at Delhi Railway Station at 6.30 P.M. and changed for Bhatinda Railway Station. They reached Rewari Railway Station at about 10.30 P.M. At R