SANJAY RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed, against the Judgment dated 1.5-1-1993 in S.T. No 83/1991 by 1 Additional Sessions Judge, Shahdol whereby the accused/appellant Sanjay Rai has been convicted for offence punishable u/s. 302 of the I.P.C. and sentenced to life imprisonment and fine of Rs. 200/ - also for offence punishable u/s. 201 of the I.P.C. to R.I. for 3 years and fine of Rs. 200/-, in default of payment of fine, he has been sentenced to undergo S.I. for 2 months on each of the above counts.

(2.) The deceased Anita Rai was married to the appellant on 14-12-1990 at Allahabad (U.P.), where after she came to Dhanpuri along with the accused/appellant on 15-12-1990. Anita Rai died on 25- 12-1990 at Dhanpuri in her room in their house. Written report about the incident (Ex. P/14) was lodged by the appellant at P.S. Amlai, District Shahdol on 25-12-1990 at 11.40 P.M. It was reported in Ex. P/14 by accused/ appellant San Jay Rai that he had gone to the house of Rajendra Sharma and had returned from there at about 9.00 P.M. and went to his room. The room was bolted from inside. On being pushed, the latch fell down and the door opened. He found that his wife, deceased Anita, was hanging from the bolt of the almirah, upon which he caught hold of her by the waist and called his father, who cut the piece of cloth by which Anita was hanging. Thereafter, Dr. Gautam (P.W. 1) and Dr. Pathak (P.W. 2) were called, who advised them to take Anita to the hosoital where she was declared dead. On the basis of the above report, merg intimation (Ex. P/iS) was recorded.

(3.) Investigating Officer, P.K. Singh (P.W. 16) went to the spot on 26-12-1990 and prepared inquest report of the dead-body of Anita (Ex. P/4). The dead body was sent for postmortem examination, as per requisition (Ex. P.13). Post-mortem on the dead-body of Anita was conducted by a team of six doctors, including Dr. M.D. Shukla (P.W. 12), who found the following injuries on her person: (1 A well marked reddish bruise measuring I x 1/2 placed horizontally, over left side of neck at the level of thyroid cartilage 11/2 lateral to midline; (2) ill defined irregular in shape reddish Bruise measuring 2 x 1/2 was placed obliquely on the left side of neck, just above and lateral to Injury No.1, I below the angle of left mandible; (3) III defined reddish Bruise, 3 long and 1/2 broad on medial end and I broad on lateral end present on tight side of neck extending from 1 lateral to midline of the neck to the area behind tight ear; (4) A linear abrasion and scar 1/4 long placed vertically over dorsal aspect of hand at the level of wrist towards radial border ante mortem in nature: It was opined that the above injuries 1 to 3 are fresh caused by blunt object ante mortem in nature, while Injury No.4 caused by blunt and pointed object within 24 to 48 hours. According to the opinion of the team of doctors, mode of death of deceased was asphyxia. How Ever, the cause of asphyxia could not be ascertained. The viscera and the clothes of the dead-body were sent for further analysis to detect any other associated cause or mode. Death occurred more than 24 hours and less than 48 hours of postmortem examination. The report of Viscera is Ex. P/23, which indicates that no chemical poison was detected therein,