Crl.A.No.396/2005 Page 1 of 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08th February, 2010 + CRL A 396/2005 AJIT SINGH ..... Appellant Through: Ms.Anu Narula, Advocate versus STATE ..... Respondent Through: Mr.M.N.Dudeja, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON’BLE MR. JUSTICE SURESH KAIT 1. Whether the Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes PRADEEP NANDRAJOG, J. (Oral) 1. Conceding that through the testimony of Gurdev Singh PW-2, Ram Pyari PW-3, Jageer Kaur PW-4 and Jasbeer Kaur PW-7 it stands conclusively established that the appellant had fatally attacked his wife on 14.8.2002 at around 10:30 AM, learned counsel for the appellant restricts submissions qua the offence made out by the acts of the appellant. 2. Gurdev Singh is the brother-in-law of the appellant i.e. he is the real brother of the deceased, who happened to be the wife of the appellant. Ram Pyari is the mother-in-law of Crl.A.No.396/2005 Page 2 of 5 the appellant. Jageer Kaur is the daughter of the appellant. Jasbeer Kaur is the daughter of the sister of the deceased. The testimony of the 4 witnesses establishes that the appellant used to consume liquor and beat his wife. The wife of the appellant and her daughter had taken shelter in the house of the parents of the wife of the appellant and in the morning of 14.8.2002 the appellant wanted his wife to return home. She wanted an assurance that the appellant would stop drinking. Enraged by the refusal of his wife to return, the appellant picked up the handle of a hand pump and repeatedly struck blows therewith on his wife who died as a result thereof. 3. What is urged by learned counsel for the appellant is that the appellant did not come pre-armed. He was overcome by sudden surge of emotion, passion and rage, when his wife refused to go with him. Thus, counsel urges, intention to cause the death of the deceased or intention to cause any particular bodily injury does not arise. Counsel urges that at best, what can be said is that the appellant acted in a casual manner causing the death of his wife and hence has committed the offence of culpable homicide not amounting to murder, punishable under Section 304 Part II IPC. 4. We do not agree for the simple reason it is not in dispute that evidenced by the post-mortem report Ex.PW-13/A Crl.A.No.396/2005 Page 3 of 5 and the testimony of Dr.Sanjeev Lalwani PW-13 who conducted the post-mortem of the deceased 8 injuries were caused by the appellant as under:- “1. Lacerated wound 1 x 5 cm. x bone deep on right eye brow laterally with blood clot on dissection there was fracture of frontal bone involving right anterior cranial fossa with subscalp extravasations of blood. 2. Lacerated wound 4.5 cm x 1 cm x bone deep on right tempo parietal region with extravasations of blood. There was fracture of inner table of right temporal and parietal bone. 3. Lacerated wound on left ear pinna upper part of size 1 x .5 cm cutting cartilage with clotted blood. 4. Lacerated wound 7 x 3 cm x brain cavity deep on left mastoid/temporal region behind left ear with bleeding and expulsion of brain matter. The underlying bone was found fracture into multiple pieces with segments of bones entering into cranial cavity causing tearing of duramater and laceration of brain on inferior surface of left temporal lobe in 4 x 3 cm area. 5. There was fracture of middle cranial fossa and fissured fracture of left occipital bone involving foramen magnum. 6. Lacerated wound 2 x 1 cm x bone deep with subscalp extravasations of blood on left fronto temporal region 2 cm above and behind injury No.4. 7. Lacerated wound 4.5 x 1 cm x cranial cavity deep with subscalp extravasations of blood on left tempo parietal region with fracture of underlying bone and tearing of duramater and expulsion of brain matter through the bone. The brain was lacerated in temporal lobe upper part in area of 4 x 3 cm. 8. Lacerated wound 6 x 1 cm x bone deep with subscalp extravasations of blood on left tempo Crl.A.No.396/2005 Page 4 of 5 parietal region.” 5. A mere look at the situs of the injuries shows that all blows were directed towards the forehead and the right temporal area above the ear as also the skull. It is not a case of a wanton and mindless blows directed all over the body. It is a case where each and every blow has been targeted towards the head. The extent of the damage is revealed from the internal examination as per the post-mortem report. Subdural hematoma and laceration of the brain was noticed causing instant death. 6. In fact injury No.4 and 7 show that due to the ferocity of the blow not only the segments of the bones entered into cranial cavity tearing duramater but even the brain matter came out through the bone. 7. To put it in colloquial language, the head of the deceased was reduced to near pulp. 8. It is obviously a case attraction Section 300 thirdly; in any case, Section 300 fourthly. 9. The appellant has been rightly convicted for the offence of having murdered his wife. 10. We find no merit in the appeal which is dismissed. 11. Since the appellant is in jail a copy of this order be Crl.A.No.396/2005 Page 5 of 5 sent to the Superintendent Central Jail Tihar to be made available to the appellant. PRADEEP NANDRAJOG, J. SURESH KAIT, J. February 08, 2010 mm