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The entire story as given below is revealed by friend of the accused, approver jasbir Inder Singh ( 21) (PW 5), who was arrested along with teh accused on August 13, 1968. Accused Ravinder Singh and the approver were employed in the Air force department at Sirsa and were good friends. Bhau Parkesh 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 Kaur who was insisting on developed his stay at Sirsa, when his wife Bimla was not there, the accused 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 entry July to see Bhanu Parkesh Singh, his cousim, 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.

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 Rewari their bogie was attached to the train bound for Sirsa-Bhatinda. When the train left Rewari at 2.15 A.M. on July 31, 1968, there was no other passenger in the compartment except the above five persons. The train stopped for some time at the next Railway Station. When it again started. the accused threw his wife Bimla on the floor of the compartment by catching hold of her by the neck. When she fell down in the compartment the approver caught hold of her by the feet and Bhanu Parkash Singh "threw acid in her mouth". Satinder Kumar did not take any Part- The accused removed the pazebs from her feet and gold jhumkas from her ears. The accused threw Bimla from the running train in between the first and the second railway stations beyond Rewari. Some acid drops fell on the hands of the accused and Bhanu Parkash Singh and on their pants and on the accused's shirt. When the train reached Bhiwani the accused got down for purchasing two tickets-for Bhanu Parkash Singh and Satinder Kumar, but the Ticket Collector, Raghbir Singh (PW 29) detained him and he missed the train. Three of the aforesaid company reached Sirsa at 9.00 A.M. on July 31, 1968. When asked about the accused the approver told Bansi Lal (PW 25) and Yudhishter Kumar (PW 26) that the accused bad missed the train at Bbiwani and would be coming by the next train. The accused arrived at Sirsa at 1.30 P.M. on July 31. Bhanu Parkash Singh left for Aligarh in the evening of August 1. The accused and the approver resumed their duties at the Air Force Station on August 2, 1968.

On August 3, 1968, the mother of the accused and her nephew, Malkhan Singh, came to Sirsa and she told that Bimla had been admitted in the Civil Hospital, Rewari, and suggested that they should register their- presence in the Air Force Station at Sirsa in order to save themselves. On August 4, the accused and the approver went to the Medical Assistant at the Air Force Station and the accused showed the urns on his hands and the Medical Assistant (PW

50) made a note a his register. They decided to leave their house at Now Mandi and again started living in the barracks of the Air Force from August 8. both of them were arrested from the Air Force barracks on August 13, 1968. This is as disclosed by the approver (PW 5).

Since the accused has come in appeal against the judgment of the High Court as a matter of right, we have heard his learned counsel at length and also examined the evidence with care. We are unable to hold that the High Court committed any error or injustice in interfering with the acquittal in this case.

The most important material aspect in the case is with regard to the accused accompanying the deceased in the train on July 30, 1968. This is not only disclosed by the statement of the approver but is corroborated by evidence aliunde. The very fact that she was found away from, her home at a distant place by a wayside railway track is consistent with her traveling in the train on the fateful day. The defence of the accused that he left for Delhi on July 29, 1968 and "my wife followed me with large gold and silver ornaments on her person and she was robbed and killed on the way is most unnatural and improbable and can safety be characterize as false, The accused was anxious to bring his wife home from her father's house. He was returning to a distant place by train after enjoying his leave and there was no earthly reason to leave this young wife behind to travel alone in the train with "gold and silver ornaments" with attendant risks. Then again there is the, evidence of Miss V. K. Sharma (PW 2) to the effect that she "also understood from tier (deceased's) talks, that she was proceeding to Sirsa with her husband". She is an absolutely independent witness and there is no reason to disbelieve her statement. She has no animus against the accused nor can it be accepted that she had been. tutored by the police to give evidence in this case against the accused. The fact that this information was not recorded in the note Ext. PA/2 would not affect the veracity of the witness since her comprehension of the deceased's talk was not otherwise challenged. Nothing has been pointed out to show that this witness either had not mentioned about this fact to the Investigating Officer earlier or had stated something inconsistent with the same. Then we have the evidence of Raghbir Singh (PW 29). Ticket Collector, Bhiwani. It appears from his evidence that the accused was detained on July 31, 1968, by him at the Station when he returned from the Booking Office after purchasing 3 1/2 tickets which according to the accused were necessary for some passengers travelling in the train. From his evidence it also appears that the accused had return-journey Railway Warrant. Besides, when money was 'demanded from the accused for travelling without tickets 'of those 34 1/2 persons from Sasni of Bhiwani he gave writing Ext. PL dated 31-7-68 to him. This witness is also an independent witness and has no enmity against the accused. We have no reason to think that he will falsely implicate the accused after being tutored by the police, Kumar as suggested. Further we have the evidence of Yudishter (PW 26) who states About the, approver, Satinder Kumar and Bhanu Parkash Singh to him at Sirsa on July 31 at about 10.30 A.M. without the accused. He also stated that the accused came there at about 1.30 P.M the same day. His evidence, which is not even Challenged. establishes the story about the three persons arriving at Sirsa without the accused who had already used the train at Bhiwani. The evidence of Shakti Parshaki Ghosh (PW 17), A.S.M., Sasni Railwaily Station. mines that the accused booked his cycle No. RK- 162872 Make Road king from Sasni to Sirsa on July 30, 1968, as per the forwarding noe. Ext- PW 16/A (original Ext. 17/A) which fact is also proved by PW 16, Surinder Kumar, A.S.M. PW 17 categorically states that the accused came to him for booking the cycle and filled in the forwarding note. It is pointed out that PW 17 did not see the accused at the Railway Station at the arrival of the train as he went to the brake-van direct. it was not at all natural for the witness to follow the movements of the accused after he bad booked the cycle. There is. therefore, nothing unusual in his no noticing the accused later on the arrival of the train.