ANIL GOPAL Vs. STATE OF H.P.

JUDGEMENT

(1.) Appellant-Anil Gopal (hereinafter referred to as 'the accused') has challenged the judgment and order dated 26.5.2001 passed by learned Additional Sessions Judge-II, Kangra at Dharamshala in Sessions Trial No. 17/2001 convicting him under Section 302 of the Indian Penal Code for the murder of his wife Smt. Kirna Devi on 1.4.2000 at about 11.30 p.m. and sentencing him to imprisonment for life.

(2.) The facts of the case in so far as they are relevant for the disposal of this appeal may be succinctly stated:

(3.) According to the prosecution, the accused was married to deceased Smt. Kiran Devi in May, 1997. In March, 1999, a male child was born to them. The accused was working in private job in Bangalore which he left in November, 1999 and returned to his village Tikru, Tehsil Jaising Pur, District Kangra. Thereafter the accused was unemployed. On 29.3.2000 Mohan Lai (P.W. 2) and Guler Chand (P.W. 4) both uncles of the deceased had gone to her matrimonial home to celebrate the first birth day of her son. P.W. 2 is a retired Subedar Major of the Army whereas P.W. 4 was serving in the Army at the relevant time and was on leave during those days. The case of the prosecution was that on 1.4.2000 in the night at about 11.30. P.W. 4 went to the house of P.W. 2 and told him that he (P.W. 4) had received a telephonic message from the house of the accused that as Smt. Krishna Devi was ill, her relatives should immediately reach his house. On receiving the message, P.Ws. 2, 4 their cousin, Kehar Singh and Smt. Sheela Devi (P.W. 8) mother of the deceased rushed to the house of the accused. On reaching there, they found some ladies and gents present. The dead body of Smt. Kirna Devi was lying on the floor of the room of the house of the accused and her mouth and eyes were oiled with 'Ghee'. On inquiry being made by them from the persons who were present at the scene of the occurrence, they were told that Smt. Kirna Devi had died due to heart failure. The accused also told them that the cause of the death of the deceased was heart failure. P.Ws. 2, 4 and 8 relying upon the version of the accused and other persons about the cause of death of the deceased, went back to their village. On return, they discussed the matter with other members of the family as they had found that when on 29.3.2000 P.Ws. 2 and 4 had gone to the house of the accused to celebrate the birth day of his son, the deceased was found hail and hearty. They suspected some foul play in the death of the deceased and decided to make report to the Police. P.W. 2 informed the police official of Police Station, Lambagaon in the morning of 2.4.2000 at about 8 a.m. from the house of one Kanchan about unnatural death of the deceased. P.Ws. 2, 4 and 8 along with some more persons of their village again had gone to the house of the accused. On inspection of the dead body of the deceased, P.W. 2 noticed ligature marks on her throat. He telephonically informed P.W. 3 Rashila Ram, President of the Gram Panchayat of the accused about the death of the deceased and requested the latter to reach at the house of the accused. P.W. 2 again inquired from the accused about the real cause of death of the deceased, who told him that during the intervening night of the occurrence, some quarrel took place between him and his wife, he caught her from throat and strangulated her. Further case of the prosecution was that Varinder Singh (P.W. 10) Assistant Sub-Inspector reached at the place of the occurrence, inspected the dead body of the deceased and took photographs (Exts. P.W. 2 to P.W. 8). He examined Daya Ram (P.W. 7) uncle of the accused who at that time was present at the house of the accused. P.W. 10 prepared inquest report (Ext.P.W. 1B) and recorded the statement (Ext.P.W. 2A) of P.W. 2 under Section 154 Code of Criminal Procedure which was sent to the Police Station for registration of the case. The Investigating Officer prepared site plan (Ext.P.W. 10A) and recorded the statements of the witnesses on the spot. Head Constable Surjeet Singh (P.W. 9) recorded F.I.R. (Ext.P.W. 9B) in the Police Station on the basis of Ext. P.W. 2A. A team of the doctors, namely, Dr. Veena Sharma (P.W. 1) and Dr. S. Goja conducted the post mortem on the body of Smt. Kirna Devi in Sub-Divisional Hospital, Palampur. On external appearance of the dead body of the deceased, the doctors found her lower lip swollen and congested and tongue was slightly protruded out. A linear abrasion mark measuring 10 cm. approximately was present over anterior side of the neck of the deceased extending from right angle of mandible passing obliquely slightly downwards to the left side of the neck. Dark brownish parchment type grooved underlying contusion was also present over sub-cutenous tissue. Thyroids cartilage was found broken on right side.