CHANDER CHAUPAL SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present appeal has been filed by the appellant against the judgment/order dated 06.04.2005/11.04.2005, passed by the Sessions Judge, Rohtak, whereby he was convicted and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000.00 and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year, under Section 302 IPC.

(2.) THE brief facts of the prosecution case are that FIR in the present case has been registered on the basis of statement of Dilbagh Singh complainant, who in his statement stated that he has constructed his house in Tilak Nagar, Rohtak. Chander Chaupal Sharma has been residing in his house from 6-7 years with his wife Budhni Devi as a tenant in a room. He used to do the work of selling of groundnuts on the rehri. Accused had doubt on the character of his wife. Previous night at about 11.30 P.M., the complainant was present in his house. He heard the screams of Budhni Devi 'being killed, being killed'. He saw, the accused-appellant was giving injury to his wife with ice breaking Sua. He interfered in the matter and went to his house. Next day, he saw that the room of the accused was bolted from inside. Having kept waiting upto 1.00 P.M. he knocked at the door and asked the accused to open the door. On his knocking, accused-appellant opened the door. He saw that wife of accused Chander Chaupal Sharma namely Budhni Devi was lying on the floor having injuries on her neck and breast. He asked the accused as to why he murdered her? He replied that he had a suspicion on the character of his wife and he strangulated her and thereafter he gave injuries with the ice breaking Sua. When he told the accused that he would report the matter to the police, then accused fled away from the scene. When the complainant was going to report the matter to the police, police party met him near the Double Park, Model Town, Rohtak. The statement of the complainant was got recorded by SI Jagat Singh, Incharge, P.P.M.T Rohtak, at 3.00 P.M. on 08.01.2003. Ruqa was sent to police station on the basis of which FIR was registered and the Special Report was received by the Magistrate at 4.25 P.M. on the same day. Then SI Jagat Singh reached the spot and found the dead body of Budhni Devi lying in a room. He got the dead body photographed. Then the Investigating Officer got the blood lifted with the help of piece of cotton. A separate sealed parcel was prepared which was taken into police possession. Rough site plan was prepared. Inquest proceedings were conducted. Dead body was sent for post-mortem examination. On 09.01.2003, SHO Jai Parkash arrested the accused at Railway Station, Rohtak. On interrogation, the accused made disclosure statement that he had kept concealed the Sua used by him and in pursuance of disclosure statement he got recovered the Sua. Statement of witnesses were recorded. On 16.01.2003, the dead body was handed over to the Municipal Committee Authorities because there was no one to own the same. After necessary investigation, challan was presented against the accused-appellant.

(3.) IN the opinion of the doctor, cause of death in this case was haemorrhage and shock due to the injuries on the vital organs of the deceased, which were ante mortem in nature and sufficient to cause death in ordinary course of nature. The time elapsed between death and post-mortem was within 24 hours and between the injuries and death was immediate to within few minutes. In cross- examination, he stated that death was within 24 hours and could not have been beyond 24 hours. PW-8 Dilbagh Singh, who is the complainant, deposed the same facts as per prosecution version. PW-9 SHO Jai Parkash, who mainly deposed regarding arrest of accused and disclosure statement and recovery of Sua in pursuance of the disclosure statement. PW-10 SI Jagat Singh, who is the Investigating Officer, mainly deposed regarding investigation of the case. Learned Public Prosecutor closed the evidence after tendering FSL report Ex.P29.