RAMESHWAR KAUSHIK Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is an appeal against judgment dated 28.2.1992 in Sessions Trial No. 285 of 1989 passed by the learned Additional Sessions Judge, Baloda Bazar, District Raipur convicting and sentencing the appellant under Section 302, Indian Penal Code to life imprisonment.

(2.) BRIEF facts giving rise to this appeal are that in August, 1989, accused Rameshwar Kaushik was posted in Kshatriya Gramin Bank, Katangi as a Branch Manager. Accused was living with the deceased Smt. Nirmala Bai alongwith his two children. The residential house of accused and the Bank office were adjoining each other. In front room of the house, Bank was situated and in the rear part of the house accused was living. Office room and bed -room were connected to each other. There was a kitchen connected to bed -room and there was a door opening in the Aangan. In the intervening night of 1st and 2nd August 1989, the accused was at his home and deceased Smt. Nirmala Bai was also there alongwith her two children. At about 10 in the night, accused went to the house of Bhurelal Jaiswal and brought Dr. Vipin Rai (PW 17) alongwith him to his house on the ground that his wife was sick. PW 17 Dr. Rai went to the house of the accused and examined the deceased Smt. Nirmala Bai. At that time, she was sitting in the room. Deceased Smt. Nirmala did not complain anything to the doctor. At about 11.30 - 12.00 in the night, accused was shouting in the Aangan to his wife and was insisting for opening the door. In the morning at 5.00 a.m., PW 4 Sadhuram passed through the house of the accused and he asked the accused as to way he was awaken so early. The accused told PW 4 Sadhuram that he could not sleep as his wife had closed the door and she was not opening the door. Thereafter, it is alleged that accused went in the Bank office and slept there. In the morning at 6.00 a.m., Dr. A.B. Mathews (PW 7) saw that the accused was sleeping in the Bank room. He woke him up and told him that his wife was lying dead (burnt) and he was sleeping in the Bank room. The accused immediately got up hearing that his wife was lying dead in burnt condition in the kitchen. The accused came to the scene of occurrence and saw that her dead body was lying burnt wrapped with a sheet of cloth. PW 16 Sub -Inspector of Police S.K. Yadav reached at the place of incident and seized the dead body and prepared necessary panchnama Ex. P3. Dead body of deceased was smelling of kerosene.

(3.) ON 2nd August, 1989 in the morning at about 11.00 a.m., the accused was also examined by Dr. Vipin Rai, vide report Ex. P23A. Dr. Rai has deposed that the accused was smelling of liquor and he was not in a position to speak properly. He also had injuries on his body on the left side of stomach near tenth rib and there was one abrasion measuring 2.5 cm. x 1 cm. He had also a small sharp cut on the left hand finger. There was a semi -circular abrasion on the twelfth rib. The Investigation Officer prepared a site -plan and seized articles which were lying in the kitchen including stove and a tin of kerosene, pieces of burnt clothes of the deceased, broken bangles from bed -room. He also seized steel plate having blood spots, a steel glass which had left -over liquor, a steel lota having blood marks, some left -over of cigarette butts, a liquor bottle label, tape -recorder and some cassettes. The accused also gave information on 4th August, 1989 which was recorded at Ex. P8 and at his instance, a bamboo stick was recovered from his bed -room under the mattresses and was seized vide Ex. P9. After investigation, Police filed a challan against the accused under Section 302, Indian Penal Code.