Jaspal Singh, J. - (1.) APPELLANT -Ishwar has preferred the instant appeal feeling dissatisfied against the judgment of conviction dated October 20, 2008 and order of sentence dated October 23, 2008 passed by learned Sessions Judge, Sirsa in case FIR No. 46 dated 17.03.2007, registered at Police Station Nathusari Chopta, under Section 302 of the IPC whereby he has been convicted and sentenced to undergo imprisonment for life and to pay a fine of '5000/ - and in default of payment of fine, to undergo further simple imprisonment for one month. Succinctly, the case of the prosecution as contained in the report under Section 173(2) Cr.P.C. is that Gauri Shankar son of Mukand Singh, resident of Nathusari Kalan, disclosed to the police that on March 17, 2007 at about 1:00 p.m., his sister -in -law namely Pushpa @ Champa, who has been running a grocery shop in the house, returned after collecting some fodder from the fields. His brother Ishwar Singh asked her to prepare tea for him but she parried that she would prepare tea after having supplied items to a customer. His brother became furious and dealt 2 -3 spade (kassi) blows from its reverse side on her head. On sustaining injuries, she fell down. On hearing commotion, his uncle Rameshwar was attracted to the spot. When she was being rushed to hospital at Sirsa, they got her checked -up at Sigma Hospital, where she was declared dead. Her dead body was brought back to the house. Statement of Gauri Shankar Ex.P -2, was sent to Police Station NS Chopta by making an endorsement Ex.P -2/B, by SI/SHO Joginder Singh, on the basis of which, formal FIR Ex.P -2/A was put into black and white by ASI Jagdish Parshad. Thereafter, the Investigating Officer visited the spot, prepared inquest report in respect of the dead body of Pushpa @ Champa, prepared the visual site plan of the place of occurrence Ex.P -18, took into possession blood stained earth and towel after converting the same into sealed parcels vide memo Ex.P -12, deputed ASI Ranjit Singh for getting conducted autopsy on the dead body of Pushpa @ Champa and recorded the statements of the witnesses under Section 161 Cr.P.C. During the intervening night of March 17/18, 2007, Hari Singh, resident of Nathu Sari Kalan, produced the accused along with spade (kassi) before SI Joginder Singh. After preparation of sketch of spade (kassi) Ex.P -16, it was converted into sealed parcel, which was taken into possession vide memo Ex.P -15. Seal after use was entrusted to ASI Ram Bhaj. While he was returning to police station, ASI Ranjit Singh met him near the Bus Stand Sirsa, who produced before him a copy of PMR and parcel containing clothes of the deceased, which were taken into possession vide memo Ex.P -17. He recorded the statements of the witnesses under Section 161 Cr.P.C. and also got prepared scaled site plan of the place of occurrence by Radhey Sham, Draftsman. After completion of the investigation, report under Section 173(2) Cr.P.C. was presented before ld. Jurisdictional Magistrate. It was committed to the Court of Sessions after having complied with the provisions contained in Section 207 Cr.P.C. by ld. Additional Chief Judicial Magistrate, Sirsa vide order dated May 11, 2007.
(2.) SINCE a prima facie case was made out under Section 302 of the IPC from the contents of the report under Section 173(2) Cr.P.C. and the documents annexed with it, appellant was charged to face trial under Section 302 of the IPC. He did not plead guilty to the charge and claimed trial. In order to substantiate the charge framed against the appellant, prosecution examined as many as 12 witnesses. Radhey Sham, Draftsman PW -1 prepared the scaled site plan Ex. P -1, ASI Jadgish Parshad PW -2 put into black and white FIR Ex.P -2/A, Constable Kapil Dev PW -3, Head Constable Rai Sahab PW -4 and Constable Sub -hash Chander PW -5 handled the case property at different stages and submitted their sworn affidavits Ex.P -3 to P -5, respectively. Dr. Archna Aggarwal PW -6 conducted autopsy on the dead body of Pushpa @ Champa on March 18, 2007 at 11:45 a.m. and found following injuries as under: - 1. Incised wound of size 10 cm x 2 cm cranial cavity deep over temporo parietal region 6 cm above and behind to the left ear and it was oblique in direction. Clotted blood was present in and around the wound. On dissection there was subcutaneous infiltration of blood. Multiple fractures of the parietal bone were present. Laceration of brain tissue with intracranial haemorrhage. 2. Diffuse haematoma of size 10 cm x 8 cm over left side of face. On dissection subcutaneous infiltration of blood was present and on further dissection fracture of underlying bone was present. On further dissection there was blood in trachea. Lungs were slightly congested and there was blood in mouth and oesophagus and liver and spleen were partially congested and rest of the organs were healthy. She opined the cause of death of Pushpa @ Champa was due to injuries to vital organs and their complications, which were ante -mortem in nature and sufficient to cause death in the ordinary course of nature. It was further opined by her that the time elapsed between injuries and death could be within a few minutes whereas between death and post -mortem could be 12 to 24 hours and proved copy of PMR Ex.P -7. Gauri Shankar, complainant and author of FIR appeared as PW -7 but did not support the case of prosecution and resiled from the contents of his statement made to police. PW -8 Rameshwar and PW -9 Hari Singh also did not toe the line of prosecution and were declared hostile. ASI Ranjit Singh PW -10 got conducted the autopsy on the dead body of Pushpa @ Champa and handed over the sealed parcel, containing belongings of the deceased and a copy of PMR to SI/SHO Joginder Singh and has proved memo Ex.P -17. SI/SHO Joginder Singh PW -11 conducted investigation of this case. He recorded statements of the witnesses, took into possession simple soil and blood stained soil, blood stained towel, clothes of the deceased, recovered spade (kassi) stained with blood, arrested the accused, prepared and presented the challan. Mahabir PW -12, father of deceased Pushpa @ Champa denied that accused -Ishwar was present at his in -laws house at the time of alleged occurrence. Thereafter, prosecution closed its evidence after placing on record reports of the Forensic Science Laboratory Ex.P -19 and P -20.
(3.) WHEN the incriminating circumstances, appearing in prosecution evidence were put to the accused for eliciting his explanation as required under Section 313 Cr.P.C., he denied all of them and pleaded innocence. Plea taken by the accused -appellant runs as under: - I am innocent. I did not commit any crime. I was not present in my house at the time of alleged occurrence and was away to my in -laws to bring my son and a quarrel took place between me and my in -laws. When I returned I found my wife Pushpa @ Champa lying murdered. I do not know who had caused her murder. I have been falsely implicated in this case by my in -laws due to strained relations.;