BISHAMBER CHUG Vs. STATE OF HARYANA

JUDGEMENT

(1.) APPELLANT Bishamber Chug (also known as Bishamber Dayal) has filed this appeal against judgment and order dated 26/28.3.2009, passed by learned Additional Sessions Judge, Faridabad, vide which he was convicted under Section 302 IPC for committing the murder of his wife Sushma Chug (also known as Sushma Sood) and sentenced to undergo imprisonment for life and fine of Rs. 25,000/ -, in default thereof, to undergo further imprisonment for two years.

(2.) THE prosecution case as unfolded from the statement of complainant Kuldeep Sood (also known as Kuldeep Singh), brother of deceased Sushma Chug, is that Sushma Chug was married with Bishamber Dayal in the year 1997. The couple had no child. Sushma Chug was living with her husband Bishamber Chug in House No. 159, Sector -34, Faridabad, belonging to complainant Kuldeep Sood for about last six years. In the said kothi, two other tenants were also living on rent. On 14.3.2007 at about 6:00 PM, one of the tenant Rakesh Kumar informed Kuldeep Sood on telephone that his sister Sushma Sood is lying in unconscious condition on the floor. It seems that she has expired. On receiving the information, Kuldeep Sood accompanied by his wife Shailja Sood rushed to his kothi in Sector -34, Faridabad, where his brother -in -law (Jija) Bishamber Chug and nephew Arun Kumar were found present. They saw that Sushma Sood was lying on the floor in the drawing room of the kothi with a noose of salwar around her neck. According to Kuldeep Sood, some unknown person committed the murder of his sister by putting noose of her salwar around her neck. Ajit Singh, Inspector/SHO, Police Station Sarai Khawaja, after recording the statement (Ex.P20) of Kuldeep Sood, recorded police proceedings (Ex.P22) at 11:10 PM and sent the same to police station where FIR No. 87, dated 14.3.2007 under Section 302 IPC was registered.

(3.) ON the spot inspection, one small white towel was found lying near the dead body. The police found that in the bed room on the bed sheet by the side of Southern wall, clothes etc. were lying scattered and the wooden almirah in the Eastern wall was in open condition, from which no article was lying outside. An iron almirah of Godrej towards the Northern wall was closed and locked. In the drawing room, a bed was lying by the side of Eastern wall on which hawai chappals of the deceased were lying. The police also recorded the statement of Bishamber Chug (accused) under Section 175 Cr.P.C., in which he stated that on the said day, as usual, in the morning at 7:30 AM, he went from his house to attend his duty. His wife Sushma was alone at home. Rakesh (tenant) gave information to him on telephone that his wife is lying in unconscious condition on the floor and it seems that she has expired. On receiving the information, he came back to his house and saw that his wife Sushma was lying dead on the floor. Some unknown person has committed the murder of his wife after putting noose of salwar around her neck. No article or cash etc. has been stolen from the house. The police also recorded the statement of Arun Kumar Sood, nephew of the complainant.