HARISH CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal appeal has been preferred by the appellant against the judgment and order dtd. 4/4/2016, passed by the learned Sessions Judge, Nainital in Sessions Trial No. 165 of 2013. By the impugned judgment, the appellant has been convicted under Sec. 302 IPC and sentenced to undergo life imprisonment along with a fine of Rs.25,000.00 and, in default of payment of fine, the appellant shall undergo imprisonment for a further period of two years.

(2.) Briefly stated, according to the prosecution, deceased Hema Devi and appellant Harish Chandra were married 3 years prior to the date of incident. On 23/8/2013, the father of the deceased PW1 Nand Kishore received a telephonic message that Hema Devi has died. A suspicion was raised that deceased Hema Devi did not die under normal course, but she was killed. PW1 Nand Kishore on the same day at about 10:30 a.m. lodged a report against the appellant at the revenue police Patti Sunderkhal, Tehsil Dhari, District Nainital under Sec. 302 of IPC.

(3.) Inquest of the dead body was prepared on the same day i.e. on 23/8/2013. The Panch opined that the deceased died under suspicious circumstances. Postmortem of the dead body was conducted on the same day at about 04:15 P.M. in B. D. Pande Hospital at Nainital. According to PW5 Dr. Pankaj Mathur, the death was caused by asphyxia due to throttling; viscera was preserved for chemical analysis and it was sent for forensic examination but no poisonous substance was found in the viscera. On 31/8/2013, the appellant was arrested. Site plan was prepared and, after investigation chargesheet was submitted by the Investigating Officer against the appellant under Sec. 302 IPC. Cognizance was taken against him and the case was committed to the Court of Sessions for trial. On 21/11/2013, the charge was framed against the appellant under Sec. 302 IPC, to which, the appellant denied and claimed trial.