HARISHANKAR GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Ag. Chief Justice Bythis appeal under Section 374(2) of the Cr. P.C. accused/appellantHarishankar Gupta has questioned the, legality and correctness of judgment dated 9th October, 2002 passed by 3rd Additional Sessions Judge (Fast Tract Court), Korba in Sessions Trial No. 33/2000, whereby the Additional Sessions Judge, after holding the accused/ appellant guilty for commission of offence under Section 302 of the Indian Penal Code, for committing murder of his first wife Usha Gupta, sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for 3 months.

(2.) The prosecution story, in brief, is that on 15.9.1999, accused Harishankar Gupta gave a merg intimation to the Police Outpost Rampur of Police Station Kotwali, Korba to the effect that he is residing in House No. H-18, SADA Colony, Korba, in the intervening night of 14th and 15th September, 1999, he along with his wife Usha Gupta went to watch a movie and after re- turning from the movie they went for sleep. In the morning at about 7.00 a.m., he tried to woke up his wife but she was found dead. This report was registered at Sr. No.0/99 of the outpost and thereafter, it was sent to the Police Station Kotwali, Korba where Merg No. 128/99 was registered. The Investigating Officer left for the scene of occurrence, after giving notice (Ex.P-3) to the Panchas including the accused/appellant, prepared the inquest (Ex. P-4) on the body of Usha Gupta. Body of Usha Gupta was sent for post-mortem examination to the Government Hundred Bed Hospital, Korba under Ex. P-5, where Dr. R.K. Divya (PW- 9) conducted the post-mortem, prepared the report (Ex. P-6) and opined that the cause of death was asphyxia as a result of strangulation. Ornaments of the deceased, which were sent by the hospital, were seized under Ex. P-8. Site plan (Ex.P-10) was prepared by the Patwari. Letters (Articles 1 to 11) written by deceased Usha Gupta to Parwati Padamwar (PW-19) were seized from Parwati Padamwar under Ex. P-11. Based on the post-mortem report, F.I.R. (Ex. P-13) was registered on 23.9.1999 for commission of offence punishable under Sections 302 and 201 of the Indian Penal Code. While in police custody, the accused gave memorandum (Ex.P-1) regarding the place where he kept the wood like scale about one feet in length, in pursuance of that he got recovered one wood like scale under Ex. P- 2. The same was sent to the doctor (PW-9) for his opinion under Ex. P-9 and the doctor gave his opinion vide Ex. P-7 that it was possible to press the neck of deceased by the said wood.

(3.) After completion of usual investigation, charge-sheet was filed against the accused/ appellant in the Court of Chief Judicial Magistrate, Korba, who in turn committed the case to learned Sessions Judge, Bilaspur from where the Additional Sessions Judge, Korba received the case on transfer for trial. The prosecution in order to prove the offence against the accused/appellant examined as many as 19 witnesses. The Additional Sessions Judge recorded the statement of accused/appellant under Section 313 of Cr. P.C., in which he denied the material appearing against him in the prosecution evidence, pleaded innocence and stated that he has been falsely implicated in the crime. He further stated that deceased Usha and his second wife namely Jayshree used to quarrel and he has not done anything. Two defence witnesses namely Jayshree (DW-1) and Naresh Kumar (DW-2) were also examined.