SULENDER Vs. STATE OF H.P.

JUDGEMENT

(1.) CONVICT Sulender, hereinafter referred to as "the accused", a permanent resident of Jharkhand, is in appeal before this Court against the judgment, dated 21.5.2008, passed by learned Additional Sessions Judge, Fast Track Court, Shimla, in Sessions Trial No. 17 -R of 2008/07, whereby he has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and pay Rs. 20,000/ - fine. There is a charge against him of committing murder of Smt. Devki, his own wife, on 27.6.2006 at Nalwa (Gumna), Tehsil Chirgaon, District Shimla.

(2.) ADMITTEDLY , PW -5 Krishan Kumar, a contractor, was executing the construction work of a school building at Devidhar. He had engaged labourers hailing from Jharkhand State. Accused and his wife Devki were also working as labourers on the construction work of school building. The labourers were residing in the temporary sheds constructed by PW -5 at the site of construction.

(3.) PROSECUTION story, however, is altogether contrary to Rapat Ext. P.W. 15/A, because the prosecution has claimed that on the fateful day the accused had taken his wife in the wee hours to jungle at the pretext to have sexual intercourse with her. In the jungle she was made to lie down, however, instead of performing sexual intercourse, he assaulted her with knife at her stomach, head and forehead and thereby caused her death. Thereafter he folded her petticoat and Sari towards her waist, the blouse towards neck and covered the dead body with a shawl. He kept one open umbrella on the dead body and left for his Dera at Devidhar. On the way, he was spotted by PW -13 Brahma Nand, around 7.15 p.m. at a place about 500 metres from the place of occurrence.