ANIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal has been filed by the appellant-Anil Kumar, impugning the judgment of conviction dated 14.10.2011 and order of sentence dated 19.10.2011 passed by the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri. The appellant has been convicted for the offences punishable under Sections 302/201 Indian Penal Code (IPC-for short) for committing the murder of his wife Kalawati @ Usha and then throwing her dead body in the western Yamuna canal. The appellant has been sentenced as under:- <FRM>JUDGEMENT_41_LAWS(P&H)11_2016.html</FRM> The sentences were ordered to run concurrently.

(2.) Brief facts of the case are that the complainant Balbir Singh (PW19) received a telephone call on 29.08.2006 at 9.00 p.m. from his brother-in-law Puran Chand (PW13) resident of village Ganoli. Puran Chand (husband of another sister of Balbir Singh and co-brother-in-law ('Saddu) of the appellant informed the complainant that the complainant's sister Kalawati @ Usha (deceased in this case) was missing from her home since the morning of 29.8.2006. The complainant along with his uncle Shri Chand went to the house of his sister at Buria Chungi where they met the appellant - Anil Kumar and Subhash son of Jaipal Dhiman (Jaipal Dhiman is the maternal uncle of the appellant). They made inquiries about the whereabouts of Kalawati @ Usha. Efforts were made by the complainant to search for his sister which however remained unfruitful. A report regarding missing of Kalawati @ Usha was lodged by the complainant on 02.09.2006 at Police Post Buria Chungi. In the meanwhile, it was intimated by Rati Ram, Chowkidar of village Amadalpur on 1.9.2006 vide his statement Ex.P7, that a dead body of an unknown lady in a decomposed state was lying entangled with a poplar tree in the Yamuna Canal. Rati Ram was informed about the dead body by an unknown passer-by at the canal bridge Amadalpur when he was walking towards village Mukarampur from his village. The dead body was spotted by the passer-by when he was coming from the East-track of the canal. Rati Ram conveyed this information in his village. A number of villagers accompanied him to the spot and found the dead body of an unknown woman. The dead body could not be identified by the villagers as it was in a highly decomposed state. After discussing the matter with the villagers, a telephone call was made to Police Station Buria. PW8 Rati Ram thereafter proceeded towards the Police Station and on the way he met SI Baldev Singh (PW6) near the tubewell of Shish Pal. Baldev Singh SI was on patrol duty in the area of Amadalpur. PW6, SI Baldev Singh proceeded towards the canal where the dead body was lying. The dead body was brought out from the canal. Photographs of the dead body were taken. The complainant Balbir Singh, appellant Anil Kumar were present along with a number of other persons at the time of recovery of the dead body. The dead body was sent to Civil Hospital, Jagadhri, for postmortem examination along with an application (Ex.P8). Inquest proceedings were conducted and the Inquest Report (Ex.P9) was prepared.

(3.) Statements of Rati Ram and Kadam Singh son of Sarup Singh were recorded under Sec. 175 of the Code of Criminal Proedure (Cr.P.C - for short). In the Inquest Report (Ex.P9) it is inter alia recorded that the appellant-Anil Kumar, the complainant Balbir Singh son of Daya Nand along with other persons were present at the time of recovery of the decomposed body. It is noted that the above said persons along with other seven persons named therein had informed that Usha Rani wife of Anil Kumar had left her matrimonial home four-five days earlier without informing anyone. They had come to know that a dead body of an unknown woman was found lying in a decomposed condition in the Western Yamuna canal near Amadalpur. They proceeded to the spot on receipt of this information and saw the dead body of the woman lying entangled in the water. After seeing the dead body it was stated that the dead body was not of Usha Rani wife of Anil Kumar. The report regarding missing of Usha Rani was lodged by the complainant-Balbir Singh on the next day i.e. 2.9.2006 at Police Post Buria Chungi.