DEVENDRA KUMAR Vs. STATE OF UTTARANCHAL (NOW UTTARAKHAND)

JUDGEMENT

(1.) This appeal is instituted against the judgment dated 26.2.2004/1.3.2004 rendered by learned Sessions Judge, Dehradun in Sessions Trial No.72/2003, whereby the appellant/accused (hereinafter referred to as the accused), who was charged with and tried for the offence of Section 304 IPC, was sentenced to undergo three years' rigorous imprisonment and to pay a fine of Rs. 5,000/-, and in default of payment of fine, to further undergo six months' rigorous imprisonment, for the offence punishable under Section 304 IPC.

(2.) The case of the prosecution, in a nutshell, is that the accused Devendra Kumar was married to Smt. Kamlesh in the month of April, 1996. The husband and wife used to quarrel after the marriage. Accused Devendra Kumar and his wife Smt. Kamlesh were residing at Govind Garh, Dehradun. On 2.7.2002 at about 10:30 PM, PW2 Mishri Lal came at the house of complainant and informed him that accused Devendra had assaulted Smt. Kamlesh with a 'PARANT'. Complainant Sita Ram was further informed that before the actual occurrence, some quarrel took place between the husband and wife i.e. accused Devendra and Smt. Kamlesh. Thereafter, the complainant Sita Ram went to the house of accused and took his sister Smt. Kamlesh to Dr. Ajay Sharma who declared her dead. After that the first information report was lodged.

(3.) Post-mortem on the body was conducted on 3.7.2002. The doctor noticed contusion on left side of upper abdomen, 16 cms. below the left nipple. The doctor further found that spleen was ruptured and the abdominal cavity was filled with blood. The doctor opined that the cause of death was on account of splenic tear.