STATE OF HIMACHAL PRADESH Vs. SURENDER MOHAN

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 9th February, 2005, delivered by the learned Sessions Judge, Hamirpur, in Session Trial No. 29 of 2004, whereby he acquitted the accused of having committed the murder of his wife, Sushila Devi alias Nancy.

(2.) The undisputed facts of the case are that the deceased, Sushila Devi alias Nancy, was married to the accused, Surender Mohan, who is a driver by profession. According to the prosecution, the accused was unemployed and was doing nothing. Due to the fact that he had no source of income and could not support his family, there was continuous bickering between the husband and 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. wife. It is further the case of the prosecution that the deceased wanted to visit her parental home on 20th June, 2004, since it was her brother's birthday. A quarrel took place between the husband and wife in the kitchen of their house on 18th June, 2004. During the course of this quarrel, the accused hit Sushila Devi with a bhaimplu (an iron blow pipe used to blow air into the kitchen fire) on the temple region near left ear. She suffered a head injury and died. Further, according to the prosecution, the accused used a kau ( an instrument used for digging) and inflicted two three injuries on his head to make it appear that he had been attacked by his wife. On this basis, the accused was charged for having committed the murder of his wife. After trial, he has been acquitted. Hence, this appeal by the State.

(3.) At the outset, we may note that it is not disputed that Sushila Devi alias Nancy died as a result of an injury suffered by her on the head. The investigation machinery was set into motion on the basis of the statement made by PW 1, Sanjeev Kumar, the real brother of the accused. In his statement under Section 154 Cr. P. C. , duly signed by him and recorded by the police on 18.06.2004 at about 10.20 p. m. , he stated that he and his two brothers were all working as drivers at Shimla. On 23rd May, 2004, he came to the village since his elder brother, Sunil Kumar, had expired. His younger brother, Surender Mohan (accused), was a driver, but unemployed for about one year and, therefore, quarrels used to take place between the husband and wife. He further states that on 18th June, 2004, when he returned from the market to his house, after some time, he heard accused, Surender Mohan, and his wife, Sushila Devi alias Nancy quarreling in their kitchen. He ran to the kitchen of the accused and saw that the accused (Surender Mohan) was holding an iron blow pipe (bhaimplu) in his hand and Sushila Devi alias Nancy was lying on the ground covered with blood. Thereafter, Surender Mohan came out of the kitchen, picked up the kau and inflicted two three blows on his own head. Then Sanjeev Kumar (PW 1) immediately ran to the house of Leela Devi (PW 5), Member of the Gram Panchayat, who resided in the neighbourhood. Sanjeev Kumar (PW 1) informed Leela Devi (PW 5) that Surender Mohan had beaten up his wife, who is lying unconscious. He requested Leela Devi to loan her vehicle to take Sushila Devi to the hospital at Nadaun. Leela Devi came home and then Sanjeev Kumar and his wife, Vanita Devi (PW 2), put Sushila Devi alias Nancy in the vehicle provided by Leela Devi. The accused also accompanied them in the vehicle. The vehicle was driven by Suresh Kumar. They went to CHC Nadaun, but the Medical Officer, after checking Sushila Devi, declared her to be dead. This was the first version given by Sanjeev Kumar to the police. However, while appearing in Court as PW 1, he gave a totally different version.