SHAILU @ SHAILENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed by the appellant being aggrieved by the judgment dt.6th May 2006 passed in Sessions Case No.11/2005 by the court of Sessions Judge District Bhind, whereby appellant Shailu @ Shailendra Singh S/o Ramlakhan Singh Chauhan has been convicted under the provisions of Section 302 of IPC with life imprisonment and fine of Rs.1,000/-. In case of default of payment of fine, further R.I. for two months has been awarded.

(2.) Prosecution story in short is that present appellant Shailu is the husband of deceased Sunita, who was found dead on 10.9.2004 at her residence within seven years of marriage under unnatural circumstances and report to this effect was lodged by Deewan Singh Tomar (P.W.2), father of Sunita on 11.9.2004 at 00.30 hours at Police Station Dehat Bhind. Police was informed that at about 10.00 p.m. their son-in-law Shailendra Singh had called one Indrabhan Tomar and asked him to inform the parents of Sunita to reach their house at the earliest because Sunita is not keeping good health. Thereafter, Diwan Singh (P.W.2), his wife Sheel Kunwar (P.W.3), son Shailendra Singh (P.W.5) and nephew Krishnaveer reached house of Shailendra where they found that accused was not present and their daughter Sunita was hanging over a fan with the help of Sari. Sunita was having injuries on her face and was bleeding. Her bangles were found broken in the courtyard alongwith some blood. It was alleged that appellant Shailendra used to harass his wife for dowry demand and on account of such harassment she has been killed.

(3.) Learned counsel for the appellant submits that there is no direct eye-witness account in the present case and this is the case of circumstantial evidence. It is submitted that Shailu was employed as a truck driver at the time of the incident and as per his own evidence and that of his owner Kunwar Singh Bhadoriya (D.W.1), he had taken truck No. M.P.09/K.D. 1471 to Bombay from Farrukhabad (U.P.). It is submitted that on 7.9.2004, as per the statement given by Kunwar Singh Bhadoriya (D.W.1), potatoes were filled from Farrukhabad and vehicle was taken to Bombay. Weight of the goods filled in the truck was 9 tonnes and the freight, which was charged, was Rs.17000/- (Rupees Seventeen Thousand). He has deposed that such transport vehicle takes 4-5 days to reach from Farrukhabad to Bombay and usually returns back on the 8th day. Reading such evidence of Kunwar Singh Bhadoriya (D.W.1) and the statement given by Shailu under Section 313 Cr.P.C., it is submitted that all the witnesses have tried to falsely implicate Shailu and learned Sessions Judge has not taken note of such endeavour of prosecution witnesses to falsely implicate Shailu and overlooking the contradictions, exaggerations and embellishments in their evidence has convicted Shailu.