RAJENDRA KUMAR SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THESE two appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.), is directed against the judgment and order dated 29.05.2007/02.06.2007, passed by IInd Additional Sessions Judge, Dehradun in Sessions Trial No. 143 of 2004 and Special Sessions Trial No. 19 of 2004. In Sessions Trial No. 143 of 2004, accused/appellant Rajendra Kumar Sharma, has been convicted under Section 302 of Indian Penal Code, 1860 (herein after referred as I.P.C.), and sentenced to imprisonment for life and also directed to pay fine of Rs. 20,000/ -. In Special Sessions Trial No. 19 of 2004, the trial court has convicted accused/appellant Rajendra Kumar Sharma, under Section 8/20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short N.D.P.S. Act), and sentenced him to imprisonment for a period of six months. Both the case are decided by a common judgment, by the trial court.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) PROSECUTION story in brief is that Smt. Usha Sharma (deceased) got married to accused/appellant Rajendra Kumar Sharma in the year 1988, in Alwar (Rajasthan). Accused/appellant Rajendra Kumar Sharma, was a Upper Division Clerk in Indian Military Academy (for short I.M.A.) Dehradun. He used to live with his wife Usha (deceased), and two children, namely Saurabh (P.W.14) and Surabhi (P.W.15), in quarter No. 46/14, Mechanical Lane, I.M.A., Dehradun. Prosecution case is that accused/appellant had illicit relations with some other woman due to which accused/appellant used to quarrel with his wife and beat her. It is also alleged that Angoori Devi (mother -in -law of the deceased) also used to misbehave with the deceased. Complainant Prem Prakash (P.W.3) lodged First Information Report (Ext.A -4) with police outpost Panditwari, Police Station Cantt., Dehradun, on 25.03.2004, at about 19:35 hours, stating that he received a phone call in the morning (on 25.03.2004), from his brother -in -law Ved Prakash (P.W.5) that Smt. Usha (sister of the complainant and wife of the accused/appellant) had died. On this, he (complainant) proceeded along with his parents, brothers and other members of family to Dehradun. He saw that Usha was lying on bed and there was blood coming out from her mouth. He (complainant) suspected that accused/appellant Rajendra Kumar Sharma and his mother Angoori Devi have committed murder of Usha in the intervening night of 24th and 25th of March 2004. On the basis of said report, police prepared chick report (Ext.A -2) and registered crime No. 05/49 of 2004, against accused/appellant Rajendra Kumar Sharma and his mother Angoori Devi, relating to offences punishable under Sections 302/120 B.I.P.C. Before said report was lodged, on that very day (25.03.2004) at 9:30 a.m., accused/appellant Rajendra Kumar Sharma had already given a report at police outpost Panditwari, Police Station Cantt. Dehradun, stating that when he woke up in the morning at 6:30 a.m., he found his wife lying dead. Said report was reported in the general diary as report No. 8. The police went to the spot, took the dead body of Usha in their possession and prepared inquest report (Ext. A -1) at 16:30 hours on 25.03.2004. The dead body was sent for post mortem examination. Dr. R.S. Chauhan (P.W.13) along with one Dr. R.K. Singh conducted post mortem examination on 26.03.2004 at 2:40 p.m. The team of two Medical officers in the post mortem examination report (Ext. A -7), prepared by them, recorded that bloody froth was coming out of the mouth of the deceased. There was bleeding from vagina. There were bruises over the face and multiple abrasions over neck and left side of face. Right finger nails were cymosed, while left finger nails were normal. There were multiple marks of bangle over right wrist. The two medical Officers opined that death of the deceased has been caused by asphyxia as a result of smothering. During investigation, the Investigating Officer P.W. 17 G.P. Bonthiyal, recovered phial of chloroform and 8 tablets of Diazapam, on pointing out of the accused/appellant Rajendra Kumar Sharma. According to the prosecution, the accused/appellant made confessional statement during investigation, having killed his wife. After interrogating the witnesses, the prosecution submitted charge sheet (Ext. A -23) against accused/appellanmt Rajendra Kumar Sharma and Angoori Devi (Angoori Devi is acquitted by the trial court), for their trial in respect of offence punishable under Section 302/120B.