SATISH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal by Satish Kumar is directed against the judgment and order both dated December 22, 1990, of an Additional Sessions Judge whereby he was convicted under Section 302 Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine ofRs.2,000.00 . In default of payment of fine, he was to further undergo rigorous imprisonment for six months.

(2.) Case of the prosecution, as borne out from the charge-sheet filed under Section 173 Criminal Procedure Code . by Shri A.A.Khan, Deputy Superintendent of Police, CBI, New Delhi, is that Smt.Krishna was married to Satish Kumar accused on June 27, 1982, as per Hindu rites at village Agwanpur in District Sonepat. After marriage she came to Delhi and started living with the accused, her parents-in-law Bhagwat Prasad, Smt.Leelawati and sisters-in-law Kumari Pushpa and Shakuntala in house No.C-33, Channa Mal Park, Punjabi Bagh. On the third day of marriage Smt.Krishna went to her parents' house as per the custom and came back after staying for three days alongwith the accused. In October 1982, she again went to Sonepat with her father and came back to Delhi with the accused in December 1982. Thereafter she always insisted upon the accused that she be sent to her parents' house at Sonepat. However, suspecting her fidelity she was not allowed to go there. It is further alleged that on February 23, 1983, at about 9.30 AM Gopal, cousin of Smt.Krishna, went to the house of the accused. Smt.Krishna insisted upon the accused to send her to her parents' house alongwith Gopal whereupon the accused gave her beating in the presence of Gopal. Gopal told about this incident to his parents Krishan Chand and Smt.Vidyawati and both of them went to the house of the accused in the evening but Smt.Krishna was not allowed to talk to them and she kept on weeping. In their presence accused threatened that he would finish Smt. Krishna if she again insisted for going to her parents' house at Sonepat. It is further alleged that on February 24, 1983, accused, who was working as a conductor and was to report for duty at DTC Bus Depot, Wazirpur, at 4.50 AM, reached there at 5.25 AM. At about 5.15 AM Smt.Vidya and her son Vijay Kumar saw fire on the roof of the house of the accused, therefore, Vijay Kumar went to his house and knocked the door. Bhagwat Prasad, father of the accused, reluctantly opened the door. On raising alarm by Vijay Kumar neighbours including Jagdish Chander, Rajinder Singh, Ram Kishan, Todi Singh, Abdul Hamid and Abdul Rashid collected and rushed to the roof. After the fire came under control, Abdul Hamid saw something protruding out of the burning stack of cowdung cakes and on touching he felt that it was the left knee of a human body. At that time he told that a corpse was being burnt in the fire. In the meantime. Fire Brigade also arrived on the scene and the firemen asked everyone to vacate the roof. The fire was extinguished by Rameshwar Dass, Durgesh Kumar, Jai Narain and Roshan Lal, firemen. During investigation pursuant to a disclosure statement made by the accused and on his pointing out, a danda used for assaulting Smt.Krishna was recovered. It is also alleged that main entrance door of the house of the accused was bolted from inside and the roof of the house had high parapet walls thereby obviating chance of any outsider to come and commit the crime and to go back undetected. Since the body of Smt.Krishna was found totally covered with cowdung cakes, that type of burning was not possible unless she was made unconscious. Parents, sisters and minor brother of the accused were found to have no motive to commit the murder of Smt.Krishna. As the accused suspected fidelity of his wife, he had a motive to intentionally commit her murder and there was sufficient evidence to connect him with the commission of that offence.

(3.) Defence raised by the accused was that his wife Smt.Krishna committed suicide.