KAILASH CHAND Vs. STATE

JUDGEMENT

(1.) That the wife of the appellant was brutally assaulted in the one room tenement where the appellant resided with his wife and son is not in dispute. That the wife of the appellant was detected with fatal head injuries in the room afore-noted at around 7:00 AM on 20.9.2008 is also not in dispute. That the post-mortem report Ex.PW-3/A of the deceased conducted by Dr.Akash Jhanjee PW-3 establishes that the weapon of offence was a blunt object and that the deceased was hit four times on the skull resulting in caranio cerebral damage is also not in dispute. It is also not in dispute that the furiousness of the blows with which the deceased was hit, evidenced by the fact that internal examination of the head, as recorded on Ex.PW-3/A, evidencing multiple comminuted fractures with fractured fragments piercing the cranial cavity; sub dural and sub arachnoid haemorrhage, ex facie show that the intention of the assailant was to murder the deceased. The only question which we need to answer in the appeal is, whether the appellant murdered his wife or was it the job of some outsider?

(2.) In response to the incriminating circumstance put to the appellant that there was evidence that the appellant slept along with his wife in the room in which she was found murdered, the appellant admitted said fact and in response to the question that in the morning at around 7:00 AM his wife was found lying in a pool of blood and the appellant missing from his house, the appellant responded by saying that he had not seen his wife in a pool of blood at 7:00 AM because he had left the house in the morning at 6:00 AM to visit a house near Joshi Mandir, adjoining Krishna Nagar, for the work to be performed for somebody whose name he did not remember.

(3.) Const.Savitri PW-9 has proved recording of DD No.6A, Ex.PW-9/A as per which on information being relayed to PS Krishna Nagar by the police control room an entry was made at 7:00 AM on 20.9.2008 that a quarrel had taken place at house No.B-7, Gali No.3, East Azad Nagar. SI Rajiv Rana PW-16 accompanied by Const.Prembir PW-7 left the police station with a copy of DD No.6A and reached Gali No.3 East Azad Nagar and learnt that the place of occurrence was B-60 and not B-7. It was on the second floor of the building. They saw the deceased lying dead with blood still oozing from her head. The place was the matrimonial residence of the appellant. SI Rajiv Rana recorded the statement Ex.PW-1/A of Dishant Kumar (PW-1) the son of the appellant as per which his father used to quarrel with his mother as he suspected her character and that last night i.e. on 19.9.2008 the two had quarreled. Thereafter, all slept at around 10:00 PM. He woke up at 7:00 AM and found his father missing and his mother in blood. He immediately called Mahabir, the immediate neighbour who informed the police. Making an endorsement Ex.PW-16/A beneath the statement of Dishant Kumar, SI Rajiv Rana sent the same through Const.Prembir for FIR to be registered for the offence of murder. ASI Bindu PW-8 registered the FIR Ex.PW-8/A at around 8:10 AM. Being a case of murder the investigation was entrusted to Insp.Satish Chandra Sharma who proceeded to the place of the crime and found the deceased named Deepa lying dead in a room on the second floor of House No.B-60, Gali No.3, East Azad Nagar. He summoned the crime team. Nothing incriminating could be found by the crime team. Const.Manoj PW-4, a part of the crime team took the photographs Ex.PW-4/1 to Ex.PW-4/9. Various exhibits stained with blood were seized by Insp.Satish Chandra Sharma as recorded in the memo Ex.PW-1/B. He seized the dead body and filled up the inquest papers and sent the body for post-mortem.