Judgment

SARKARIA, J.:- This appeal by special leave is directed against a judgment, dated June 7, 1974, of the High Court of Himachal Pradesh, whereby it upheld the conviction of Rama Nand accused under Section 302, Penal Code, and that of the co-accused Shish Ram and Kali Datt under Section 201, Penal Code, and also the sentences awarded to each of them by the learned Sessions Judge, Mandi. The prosecution story, as it emerged from the record was as follows :

Sumitra deceased,, aged 19 years, was the daughter of Som Krishan (P. W. 33). Rama Nand, appellant is her husband and Shish Rani, appellant 2, is her father-in-law while Kali Datt appellant 3, is the younger brother of Rama Nand.

2. Sumitras father wished to see his daughter highly educated, and employed in Government service and married to a suitable, highly educated person, settled in life. Sumitra had passed Higher Secondary Examination and wanted to pursue her studies further according to the wishes of her father.

3. About two years before Sumitras reported death, Shish Ram appellant approached Som, Krishan (P. W. 33) and persuaded him to give Sumitra in marriage to his son, Rama Nand. While negotiating this matrimonial alliance, Shish Ram told Som Krishan that his son was suitably employed on a Government job in the Office of the Deputy Commissioner, Kasumpti. He further falsely represented to Som Krishan that his son Rama Nand was a graduate, Believing this representation to be true, Som Krishan about 11/2 or 2 years before Sumitras murder in question, married her to Rama Nand. Before this marriage, it was settled by Som Krishan with Shish Ram and Rama Nand accused that even after her marriage, Sumitra would continue to pursue further studies and take up employment as a teacher. After the marriage, her father got his daughter, Sumitra, employed as a teacher in villege Nursery School at Chanyana which was situated near her parents village. While teaching at Chanyana, she continued to reside with her parents. She used to visit village Jherwin occasionally to be in the society of her husband who also used to come to Jherwin from Kasumpti. The accused persistently demanded that Sumitra should give up her employment at Chanyana, and start residing permanently and continuously in her matrimonial home at Jherwin. Sumitra tenaciously refused to do so. Rama Nand wrote several letters to Sumitra urging her to give up her adamant attitude. These letters furnish evidence of a strong motive for Rama Nand to put an end to the life of Sumitra.

4. Rama Nand was employed as a clerk in the office of the Deputy Commissioner Kasumpti. On May 12, 1972, he came to Jherwin from Kasumpti. He had earlier written to his wife. Sumitra, strongly urging her to come to village Jherwin. On May 13, 1972, Sumitra came to Rama Nands house at Jherwin and stayed with him in his room on the night between 13th and 14th May, 1972. The other rooms of the house were in occupation of the other members of Shish Rams family. Thereafter, on May 14, 1972, she disappeared from the house of the accused. The accused gave out that Sumitra had gone towards the Sutlej river on the pretext of attending to the call of nature; that thereafter her Salwar and shoes were found on the bank of the river, which indicated that she had jumped into the river and committed suicide. After pretending to make a search for her body in the river and nearabout, Shish Ram on May 16, 1972, went to Police Station Karsog at 5.30 p.m. and lodged a report (Ex. PAO). It was recorded by Head Constable Nand Lal. After recording it in the Roznamacha, the Head Constable read it in the presence of one Inder Pal to the informant, who, after hearing the same to be correct, signed it in Hindi and his companion Inder Lal signed it in English. As this report, according to the prosecution, shows that an attempt was made by Shish Ram accused to lay a false trail and manufacture false clues as to the cause of the death of Sumitra and to screen the offence, i