RISHI KUMAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C), is directed against the judgment and order dated 23.05.1988, passed by learned II Additional Sessions Judge, Saharanpur in Sessions trial No. 09 of 1986, whereby the accused/appellant Rishi Kumar was convicted under Section 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and sentenced to imprisonment for life under Section 302 of I.P.C., and two years rigorous imprisonment under Section 201 of I.P.C. Both the sentences were directed to run concurrently.

(2.) Heard learned counsel for the parties and perused the entire evidence on record.

(3.) Prosecution story, in brief, is that accused/appellant Rishi Kumar is a medical practitioner practising at Manglore, within the limits of Tehsil Roorkee (Tehsil Roorkee was part of District Saharanpur, which is now part of District Haridwar of Uttarakhand). Deceased Kusumlata was wife of Rishi Kumar and she was also a medical practitioner. Both of them used to run a clinic and lived in a house in Mohalla Kayasthan, within limits of Police Station Manglore, Roorkee. On 20.04.1985, one Madan Lal Aggarwal, brother-in-law of accused/appellant Rishi Kumar gave a report (Ext. A -2) at Police Station Manglore that Smt. Kusumlata, wife of Rishi Kumar, has committed suicide by setting herself on fire. This information was recorded by the police in the general diary, at about 7:55 P.M., as report No. 46 (copy of extract of which is Ext. A -8) by Head Constable Mangal Singh (P.W. 12). On receipt of the report Sub Inspector Ram Gopal Mugaria (P.W. 15) made certain enquiries from Madan Lal and sent some police force to the place of incident. He also went to the spot and prepared site plan Ext. A -12, after inspecting the dead body. In the meantime, information was received by Brahm Swaroop (P.W. 2), uncle of the deceased Kusumlata, on telephone, at about 6:00 P.M., in his shop situated at Loha Bazar, Saharanpur that accused/appellant Rishi Kumar has murdered his wife. When he tried to know about the identity of the person calling, the phone got disconnected. P.W. 2 Brahm Swaroop, immediately communicated the information to P.W. 1 Rakesh Kumar Mittal (brother of the deceased), P.W. 3 Pooran Chand (father of the deceased), Mahendra Kumar, Anand Swaroop and other members of the family. All the relatives of Kusumlata proceeded for Manglore from Saharanpur and reached there, at about 8:00 - 8:30 P.M. Rakesh Kumar Mittal (P.W. 1), who was at Ghaziabad, reached Manglore at about midnight. When they reached in the house of accused/appellant Rishi Kumar, Kusumlata was found dead in a sitting posture with the support of a wall in a small bathroom, in burnt condition. Her tongue was protruding out from her mouth. Rakesh Kumar Mittal (P.W. 1), when reached Manglore, at about midnight, enquired from accused/appellant Rishi Kumar about the incident on which Rishi Kumar confessed the guilt having killed his wife by strangulating her and thereafter set her on fire. P.W.I Rakesh Kumar Mittal noticed scratch on the cheek of accused/appellant Rishi Kumar. He then prepared a first information report (Ext. A -1) and handed it over to P.W. 15 Sub Inspector Ram Gopal Mugaria. The first information report was registered at the Police Station Manglore and a case crime No. 90 of 1985 was registered relating to offence punishable under Section 302, 201 of I.P.C. The Investigating Officer Ram Gopal Mugaria through Constable Babu Ram called photographer Ravinder Kumar and got the snaps Ext.I, Ext. III to Ext. XXV of the dead body from various angles. The Investigating Officer thereafter took the dead body of Kusumlata in his possession, at about 8:00 A.M. on 21.04.1985, and got prepared inquest report (Ext. A -13); police form No. 13 (Ext. A -14); sketch of the dead body (Ext. A -15) and letter (Ext. A -16) to the Chief Medical Officer, requesting him for post-mortem examination of the dead body. The dead body in a sealed condition was sent through Constable Raj Pal Singh (P.W. 10) and Constable Jagpal Singh along with papers for post-mortem examination. The postmortem examination was conducted by. P.W. 8 Dr. H.K. Paloria and Dr. S.C. Goel, on 21.04.1985, at about 1:30 P.M. The team of doctors prepared the autopsy report (Ext. A -5) and opined that Smt. Kusumlata had died due to asphyxia, as a result of throttling. During investigation, the Investigating Officer recovered a kerosene container at the instance of accused/appellant Rishi Kumar and prepared memo (Ext. A -16), on 22.04.1985. After interrogating the witnesses, the Investigating Officer submitted charge sheet (Ext. A -11) not only against accused/appellant Rishi Kumar, but also against his father Atma Ram and Km. Sashi (said to be a nurse in the clinic of the accused/appellant Rishi Kumar) for their trial in respect of offences punishable under Section 302 read with Section 34 of I.P.C. and under Section 201 of I.P.C.