PAPPEY Vs. STATE

JUDGEMENT

(1.) THE appellant has filed the above captioned appeal challenging the judgment and order dated 28.01.2008, convicting him for the murder of his wife Smt.Rajwati and sentencing him to undergo imprisonment for life and to pay a fine in sum of Rs.100.00; in default thereof to undergo RI for 7 days.

(2.) WE note that the evidence held incriminating against appellant Pappey is of motive emerging from the testimony of Mahesh Chand PW-5, brother of the deceased who deposed that the relations between the appellant and the deceased were strained and that the appellant used to harass and beat the deceased and used to demand money from her. The second piece of evidence held incriminating is that the post-mortem report and the opinion of the panel of doctors who conducted the post-mortem has opined that the cause of death of the deceased was asphyxia consequent to blunt object force inflicted upon the chest and the neck and since the appellant was admittedly with his wife, he having not explained how his wife suffered the injuries, must own up the guilt.

(3.) THE post-mortem of the deceased was conducted on 13.12.2003 by a medical board consisting of three doctors; namely Dr.V.K.Jha, Dr.Akash Jhanji PW-8 and Dr.Rajesh Gupta PW-15 and as per the post-mortem report prepared by the 3 doctors following injuries on the body were noted:-