SANTOSH KAURAV Vs. STATE OF M P

JUDGEMENT

(1.) The appeal has been preferred by accused Santosh Kaurav aggrieved by conviction u/s 302 of IPC and sentence of rigorous life imprisonment for committing the murder of his wife Sunita on 15.4.1997.

(2.) The prosecution case, in brief, is that marriage of Santosh had been performed on 13.2.92. Accused Santosh used to live with his wife Sunita in the same house in which she was found dead in the intervening night of 14th & 15th April, 1997. Other accused Bhawani Prasad, Ramkunwar Bai and Paplesh @ Rajesh were father, mother and brother of accused Santosh. On 15.4.97 accused Bhawani Prasad had informed the village Kotwar Harnarain that Sunita had died due to fever. Harnarain saw the dead body of Sunita and lodged marg intimation report (Ex.P.9) at P.S. Goti Toriya (Chichali) to the effect that he, the village Kotwar expressed a doubt as to the cause of death as villagers had not been called and were not found on the spot.

(3.) The accused abjured the guilt and contended that he had been falsely implicated in the case. Accused further stated in the statement recorded u/s 313 of Cr.P.C. that owing to the pregnancy Sunita had lived in the parental house out of her free will, as a son was born, her father had given the television of his own. On the date of incident Sunita was not well. She had observed a fast because of "Navratri". She was under treatment by Doctor of Govt. hospital. His parents were residing separately. He had gone to the residence of his parents on 14.4.97, when he came back after 1,1/2 hours, he found Sunita was unconscious. He called the Doctor and intimated it to the parents of Sunita. His house was open from one side, thus, there was possibility for someone else to enter in his house.