BRIJ BHUSHAN SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant Brij Bhushan Sharma, having been convicted under Section 302, I.P.C. for committing murder of his wife and two minor daughters aged about 7 years and 21/2 years and being sentenced to death, has preferred this appeal against the judgment and order dated 7-1-1999 passed by Sri Chandranath Mishra, Special Judge (Anti Corruption, Gorakhpur) in sessions trial No. 582 of 1997.

(2.) The prosecution story, briefly stated is as below.Appellant Brij Bhushan Sharma original resident of village Khusalpur, P.S. Gulawati, district Bulandshahar was a Constable in Central Industrial Security Force (in brief CISF). His marriage was prefromed with Smt. Vimlesh Sharma (35) deceased, daughter of Chandra Pal Sharma (PW-13) on 29-6-1986. Out of the above wedlock two daughters Indu Sharma (7 years) deceased and Monika Sharma (21/2 years) deceased were born. During his service the appellant was posted at different places like Gauhati, Burdwan and from 1996 up to the date of occurrence of this case, he was posted in Fertiliser Corporation of India, Gorakhpur. He was residing along with his wife and minor daughters in Quarter No. E 788 Fertiliser Corporation Colony, P.S. Chiluwatal, Gorakhpur. It is alleged that the appellant was not satisfied with dowry given by parents of his wife and he was not happy with the behaviour of his wife with his mother and younger brother.

(3.) On 16-6-1997 at about 8 p.m. the appellant was deputed on patrol duty from 1 p.m. to 9 p.m. But he was seen roaming near his quarter in Fertiliser Corporation Colony by Surender Kumar (PW-6) who was residing in quarter No. 778 of fertiliser Corporation Colony. At that time he was wearing "Baniyan" and pant. At about 10.30 p.m. on the same night Shyam Dutta Pandey (PW-9) resident of quarter No. 790 Fertiliser Corporation Colony heard cry of appellant Brij Bhushan Sharma that his wife got electric shock. Shyam Dutta Pandey (PW-9) rushedto the quarter of appellant and found it locked from out side. He tried to break open the lock, but was stopped to do so by another persons. At about 10.30 or 11 p.m. appellant Brij Bhushan Sharma came to Dinesh Chandra Joshi (PW-12) a Constable in C.I.S.F. at his quarter and told him that his wife and children had been murdered. Getting the said information Dinesh Chandra (PW-12) along with Satish and the appllant came to the quarter of appellant and found that main door of his quarter was locked and window was open. Ceiling fan and the lights were on in the room. Peeping through the window he observed that wife of appellant was lying on the floor by her head and blood had spread near her mouth. Her daughters were also lying on the floor. The quarter of appellant was locked from out side. The appellant was crying that his wife and children had been murdered. At 11.15 p.m. Constable R.K. Ram, Santary of unit line, knocked the doors of Sri K.K. Mohanan Inspector, C.I.S.F. and on his coming out told him that wife of appellant B.B. Sharma had died inside his house and his quarter was locked from outside. On enquiry Constable R.K. Ram told that he was informed about it by Company Hawaldar Major, Head Constable Satish Chandra. Sri K.K. Mohnan (PW-1) informed about the incident on telephone to Sri R.C. Prasad Company Commandant at his residence who directed Sri Mohanan to send information to P.S. Chiluwatal and to reach at the spot with some other constables Shri Mohanan then directed Sub Inspector Sri B.B.S. Chauhan to lodge report of the occurrence at P.S. Chiluwatal and reached on the spot along with 10-12 Constables. On the spot he found Head Constable Satish Chandra standing in front of the quarter of the appellant. He tried to get details of occurrence, but none was in a position to tell the details Sri B.B.S. Chauhan, Sub Inspector, CISF (PW-8) prepared report of the occurrence (Ext. Ka-8) and lodged the same at P.S. Chiluwatal at 23.45 p.m. On the basis of above report Constable Shesh Narain (PW-14) prepared chick F.I.R. (Ext. Ka-24) and got the endorsement of the same made in G.D. No. 41 at 23.45 p.m. (Ext. Ka-25) through Constable Upendra Sharma and registered a case against the unknown persons.