PRADEEP NANDRAJOG,J. - (1.) VIDE impugned judgment and order dated 13.05.2004, the appellant stands convicted for the offence of having murdered his wife Sushila (herein after referred to as the "deceased "); as also for the offence of unlawfully possessing and using a firearm.
(2.) THE case of the prosecution was that on 26.10.2000 a quarrel had taken place between the appellant and the deceased. The appellant lost control and shot the deceased, with a gun belonging to his landlord. Santosh PW-4, the landlady of the house had witnessed the crime. Before fleeing the appellant had made an extrajudicial confession to his neighbour Munni Devi PW-5. On being apprehended, the appellant had made a confessional statement in the presence of Vimlesh Kumar PW-2 and disclosed to the police that he had concealed the used cartridge and thereafter led the police to the place where he had concealed the said used cartridge, which was recovered. He also told the police that he had kept the gun and live cartridges after committing the murder of the deceased, in the room of the landlord, which were got recovered by him from the said room. The ballistic expert opined that the used cartridge, recovered at the instance of the appellant, was fired through the gun recovered at his instance and that the three pellets recovered from the body of the deceased corresponded to the lead pellet size of the cartridge used in the said gun. To put it in a nutshell to sustain the case of the prosecution, the incriminating evidence would be:- A. Eye witness account of Santosh PW-4, which directly would have implicated the appellant. B. The extra-judicial confession made by the appellant to Munni Devi PW-5. C. Recovery of the gun and the used cartridge, at the instance of the appellant.
(3.) VIDE impugned judgment and order dated 13.05.2004, convicting the appellant, the learned Trial Judge has held that the testimony of Santosh PW-4 was credible and the eye witness account by her established that the appellant had shot the deceased; that the deposition of Munni Devi PW-5, to the effect that the appellant had confessed to her about his guilt was trustworthy; that the used cartridge was found pursuant to the disclosure statement of the appellant and from the spot pointed out by the appellant and that the same was fired through the gun recovered at his instance and that the three pellets recovered from the body of the deceased corresponded to the lead pellet size of the cartridge used in the said gun, were incriminating evidence against the appellant and were sufficient to draw the inference of guilt.;