DHIRENDRA CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) Appellant Dhirendra Chandra has filed this appeal against the judgment and order dated 28-2-1983 passed by Sri Madan Mohan Lal, Sessions Judge, Nainital, convicting the appellant under Section 302 I.P.C. and sentencing him to undergo imprisonment for life for that offence.

(2.) The prosecution case, in brief, was that deceased Smt. Indra was married to the appellant about 1-1/2 years before this occurrence. The appellant suspected the chastity of his wife and for this reason he was on a look out to do away with her. It is said that on 16-11-1979 at about 5.30 p.m. when the appellant, who was employed as a patwari, reached his house in village Kishanpur, P.S. Haldwani district Nainital, he found that other members of his family including his father brothers and cousin sisters were not present there. Finding the right opportunity he killed his wife Smt.Indra by a dagger (CHOORI) by causing injuries on her neck. The appellant then concealed the dagger at the house of one Sant Ram Patwari (P.W.6) in village Gaujajali police station Haldwani. Thereafter the appellant himself filed a written report at police station Haldwani at 7.35 p.m. on the same day confessing to thy killing of his wife Smt. Indra and also mentioning the fact that he had after the murder, concealed the dagger at the house of one Sant Ram Patwari. He also recorded in the First Information Report the motive of the crime,

(3.) The case was registered. The blood stained shirt which the appellant was wearing was taken into police custody and memo was prepared. The investigation was conducted by Sri K.P. Singh, S.I. (P.W.14). He recovered the dagger, which is alleged to be the murder weapon, at the pointing out of the appellant from the house of Sant Ram Patwari in presence of the witnesses as well as some police personnel. The Investigating Officer found the dead body of Smt. Indra lying at the house of her husband who is the present appellant. He prepared the panchayatnama. The Investigation Officer also recorded the statement of the witnesses and after completing the investigation submitted charge-sheet against the appellant.