SUDHIR KUMAR SAXENA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present appeal is preferred against the judgment and order dated 06.10.2010 passed by learned Sessions Judge, Udham Singh Nagar, in Sessions Trial No.316 of 2007, whereby the appellant was held guilty for the offence punishable under Section 302 of IPC and was awarded life imprisonment and fine of Rs.5,000/-.

(2.) Brief facts of the case, inter alia, are that PW1 Babli Bhan submitted report to the Police Station Kichha on 27.9.2007 stating therein that her servant Chhotey Lal informed her that some unidentified dead body was laying in the agricultural field of Harendra Mann. On the report of PW1, case crime no.263 of 2007 u/s 302 IPC was got registered in P.S. Kichha, District U.S. Nagar. Thereafter on 28.9.2007, Smt. Munni (PW3) submitted one application before the P.S. Kotwali Kichha stating therein that her husband Shamshad (deceased) quarreled with the appellant/accused Sudhir about 3-4 days before for the settlement of account. Therefore, appellant was annoyed with her husband Shamshad (deceased); in the morning of 26.9.2007, Sudhir came to the house of deceased and took Shamshad with him on the pretext of some work stating that they would come back within 10 minutes, however they did not come back even after expiry of one hour; on this, PW3 went to the gate to enquire about her husband; PW5 Rais Ahmed and PW4 Zahiruddin met her there and informed her that Shamshad (deceased) went somewhere else with appellant Sudhir in a Matador; when her husband Shamshad did not return in the evening, she started searching for him, however, in vain; on 28.9.2007, having read news in the newspaper that one dead body was recovered from the Kichha river, they went to the mortuary of the hospital; she identified the dead body of Shamshad (deceased). It is further written in the application that she (PW3) had suspicion that her husband might have been killed by the appellant Sudhir with the help of his friend.

(3.) Dead body of Shamshad (deceased) was taken into custody by the police after preparing the inquest report on the spot on 27.9.2007 and it was sent for post-mortem. Post-mortem was conducted on the dead body of Shamshad (deceased) on 29.9.2007 at 12:30 PM by Dr. R.K. Sinha (PW12); as per the post-mortem report and statement of PW12, cause of death of Shamshad (deceased) was due to head injuries sustained by him.