SUBASH CHANDER SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) The present appeal and confirmation of the death sentence arise out of the judgment of the Principal Sessions Judge, Jammu in file No. 01/Sessions dated 30.09.2011 and the sentencing order dated 08.10.2011. The said case, in turn, arose out of FIR No. 130/2001, registered at Police Station, Nagrota. By virtue of the impugned judgment, the appellant has been convicted under Section 302/498- A RPC for having murdered his wife Sunita Devi and for having subjected his wife to cruelty. The sentence awarded on 08.10.2011 was that the appellant was to be hanged by neck till death. A fine of Rs. 10,000/- was also imposed. This was for the offence under Section 302 RPC. Insofar as the offence under Section 498- A RPC is concerned, the sentence awarded was one year imprisonment and a fine of Rs. 1,000/-. It may be pointed out at this stage itself that the appellant has been in custody for over 16 years and six months. The case of the prosecution is that the appellant forcibly drowned his wife in the river Tawi on 09.09.2001.

(2.) The appellant had informed the police on that date itself that he had gone to river Tawi along with his wife for bathing in the early hours of 09.09.2001. It is the case of the prosecution that he informed the police that he was taking a bath at some distance from his wife when she slipped and drowned. As the police were informed, they started searching for the dead body. Ultimately, the police received information from Police Control Room that one dead body near Gujjar Nagar had been seen. The dead body was evacuated and taken to the mortuary in the hospital. Thereafter, inquest proceedings ensued under Section 174 Cr.P.C. During the inquest proceedings, as per the prosecution, it was revealed that on 09.09.2001, the Police at Sidhra received information through reliable sources that one woman by the name of Sunita Devi, who was the wife of the appellant, residing at House No. 87, Mandir Morh Sarwal, Jammu, had drowned in the river Tawi near Tawi Park. The police party proceeded to the spot and with the help of some civilians conducted search in the river Tawi for the drowned woman till the late hours of 09.09.2001, but no trace could be found. The Station House Officer of Police Station, Nagrota also participated in the search along with other personnel from the said Police Station. The search was resumed the next day early in the morning and at about 09:00 hours the police control room Jammu informed the Police concerned that the death body of one woman Sunita Devi has been traced near Sher-e-Kashmir Bridge in river Tawi, by the Gujjar Nagar Police, who had shifted the dead body to GMC, Jammu. It is further the case of the prosecution that by this time the close relatives of the deceased had also arrived at the scene of occurrence and they expressed doubts as to the cause of death of the deceased and they further suspected foul play on the part of the appellant (her husband) who, as per their statements, had often been harassing her on one pretext or the other. After the conduct of the postmortem examination and upon completion of other legal formalities, the dead body of the deceased was handed over to her relatives for performance of the last rites. The prosecution case further is that during the course of inquiry the appellant, who was suspected, stated before the investigating officer that on 09.09.2001 he along with his wife (deceased) left their Sarwal residence at about 04:30 hours for Harki Pouri where his wife threw some food to the fish in the river Tawi. They spent about 10 to 15 minutes at Harki Pouri. Thereafter, they left for a temple situated near Circular Road, Jammu. Before going to the temple they went to the river Tawi near Tawi Park for taking a bath. He further revealed that on the way to river Tawi he stopped at a place enroute to answer the call of nature. His wife, however, proceeded ahead. By the time he reached river Tawi, his wife had already entered the river and was taking a bath. He also entered the river and started bathing about 10 to 15 feet away from his wife. It was at this point at about 06.30 hours his wife drowned in the water. He tried to rescue her but could not help her because he did not know swimming and the exact depth of the river Tawi could not be gauged. He came out of the river, picked up the clothes and 'nylon chappals' of his wife and informed some people who were bathing down stream at a distance of about 100 yards who accompanied him and searched for his wife in the river. While the search was still on, the appellant left the spot to contact the police. It was also stated on the part of the prosecution that instead of going to the nearby Police Post, Panjtirthi, the appellant went to his residence, contacted some people there and accompanied by an Advocate reported to the Police Post, Panjtirthi, from where the police party was deputed to search for the drowned woman at the river Tawi.

(3.) After completing the investigation, the challan was filed in the court. The charge under Section 302/498-A RPC was framed against the appellant who claimed trial. As many as 29 prosecution witnesses were cited, of which 25 were examined. The defence also cited and examined 9 witnesses. This was after the accused was examined under Section 342 Cr.P.C. After examining the evidence on record, the trial court, as mentioned above convicted the appellant under Sections 302/498-A RPC and awarded the sentences mentioned above.