Judgment

B.N.KIRPAL, J.

(1) THIS appeal by special leave is directed against the judgment of the Punjab and Haryana High court which has upheld the conviction of the appellant who had been held guilty under Section 302 Indian Penal Code of murdering his wife Geeta Devi and had been awarded life imprisonment. He was also convicted under Section 201 Indian Penal Code and awarded imprisonment for two years.

(2) THE case of the prosecution was that the appellant, who is an advocate by profession, was married to Geeta Devi on 30/1/1982 at Alwar. During the marriage ceremony, the in-laws of the appellant stopped the photographer accompanying the marriage party to take the photographs of the ladies. This was not liked by the appellant who overreacted and took off his sehra and threatened to walk out of the mandap prior to the performing of the wedding ceremonies. Ramjilal, his father-in-law, however persuaded him to resume his seat. After the marriage, Geeta Devi had been complaining to her mother that her in-laws were not happy with the dowry brought by her. On 14/11/1982, Geeta Devi gave birth to a son. As was customary, Geetas two brothers brought some gifts which were not to the liking of the appellant and his mother. Geeta tried to shield her brothers but the appellant slapped her and the said brothers informed the parents about this incident.

(3) THE appellant and Geeta were residing along with the appellants parents in the house at Mohalla Farash Khana, Narnaul. On 5/1/1983, the parents of the appellant had gone to Delhi to meet their other son. The appellant was alone with his wife Geeta and their infant son at the house in Narnaul. At about 5 p.m., Mehar Chand Public Witness 7 went to the house of the accused to have some professional advice regarding some house tax matter. He found appellant and his wife quarrelling. The appellant told Mehar Chand, Public Witness 7 that he would see him after sometime as at that time, he was upset. Geeta was not seen alive thereafter. On 7/1/1983, the appellant went to the police station, Narnaul at about 5.30 p.m. and lodged a missing report regarding his wife. On 8/1/1983, the appellant sent a telegram to his father-in-law at Alwar that Geeta was missing and he enquired whether she had reached Alwar.

(4) ON 8/1/1983 at about 9.15 p.m. one Mala Ram Lambardar informed ASI Inder Singh Public Witness 21 who was on patrol duty that a dead body of a female who was suspected to be the missing wife of the appellant was floating in a well in the dharamshala of Kishan Sahai. Mala Rams statement was recorded by ASI Inder Singh who forwarded the same along with his endorsement to the police station on the basis of which Daily Diary Report No. 31 (Ex. PY/2 was entered at the police station, Narnaul. ASI Inder Singh then proceeded to the said well so that the arrangements could be made for taking out the dead body that night. Some identified person telephoned Ramesh Chand Soni Public Witness II at 9/10 p.m. on 8/1/1983 informing him that the dead body of Geeta had been recovered from the well. Ramesh Chand Soni requested the caller not to cremate the dead body till the relations of Geeta reached Narnaul. Ramesh Chand Soni then went to Ramjilal, father of Geeta and delivered him the aforesaid message whereupon Ramjilal along with Ramesh Chand Soni and Durga Parshad left for Narnaul by car and reached there in the morning where they found the police present at the house of the appellant. The dead body was then taken out from the well in their presence by Giarsi Lal Public Witness 6 and Phool Singh. The dead body was photographed before being taken out of well as well as after it had been taken out. The eyeballs as well as the tongue of the deceased were protruding out and there were also some other marks of injuries. The said body was identified by the father and the cousin of the deceased. ASI Inder Singh then recorded the statement of Ramjilal Public Witness 15