ASHOK KUMAR KUNDI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The above-titled appeal challenges the judgment and order dated 30.03.2010 rendered by learned Sessions Judge, Tehri Garhwal in S.T. No.09 of 2009. The said case was tried for the offences u/s 302, 380 and 411 IPC pertaining to crime no.3202 of 2008 of P.S. Muni-Ki-Reti, District Tehri Garhwal. The trial ended in conviction of the accused/appellant for the offences punishable under Sections 404 and 302 IPC wherefor he was appropriately sentenced. However, the accused was acquitted from the offence punishable u/s Section 411 IPC.

(2.) The prosecution was conducted for the murder of Smt. Archana Sharma, a young lady of about 26 years of age, by the accused Ashok Kumar Kundi, both R/o Lucknow. Both were also married, having their own respective spouse, but still they were paramour of each other. So both of them used to stay at Shivanand Ashram situated at Muni-Ki-Reti (almost in Rishikesh town), Uttarakhand in order to augment their illicit intimacy.

(3.) The deceased lady was employed in the office of Public Analyst Laboratory, Medical & Health Services, situated at Lucknow whereas the accused, being a Technical Assistant in Railway, was also employed at the same station. Archana Sharma (deceased) procured an official envelope to be delivered at Dehradun while the accused also suitably planned a trip to the venue of occurrence where they stayed in the intervening night of 30/31.10.2008 at room no.10. Deceased was emphatically asking the accused to seek divorce from his wife and marry her thereafter to which the latter was not ready. So, to get rid of Archana Sharma, accused allegedly strangulated her by her own 'Chunni' at about 10 PM of the fateful night. Next morning i.e. on 31.10.2008, accused left the spot to return Lucknow passing through Saharanpur, leaving the dead body of deceased in the said room itself. He also took out the A.T.M. Card of deceased whereby he withdrew a sum of Rs.20,000/- at Saharanpur, as he was aware about the code number of the said Card mentioned by Archana Sharma on the card itself. Later on, when he came to know that the Police was behind him, he was returning for Tehri Garhwal to surrender in the court concerned, but meanwhile the police, on 4.11.2008, apprehended him on way to nearby Tehri. Thereafter, on the pointing out of the accused/appellant, a lock along with its key of room no.10 where he stayed and a white 'Chunni/Dupatta', used to commit the crime, was recovered.