- (1.) THE appellant was put on trial on the accusation of committing murder of his wife Chercheri Devi. The court having found the appellant guilty for the said charge convicted him for the offence punishable under Section 302, vide its judgment dated 18.5.2005 and sentenced him to undergo imprisonment for life, vide its order dated 19.5.2005.
(2.) THE case of the prosecution is that on 25.7.2002 while the appellant was taking liquor in his house, his wife Chercheri Devi (deceased) asked him not to consume liquor. Upon it, the appellant started inflicting chhura injuries upon his wife. When his son Mannu Singh, the informant (P.W.6) tried to rescue his mother, he was also inflicted with injury. On account of injuries being inflicted over the chest and abdomen, wife of the appellant died. Thereupon the appellant digged earth in the same room and put earth on the dead body. Meanwhile, when alarm was raised, persons residing in the neighbourhood assembled and then caught hold of the appellant. Meanwhile, Md. Rustam, ASI of Lapung Police Station received information that one woman has been killed in village Champadih. He entered the said information in the station diary and proceeded for village Champadih. Upon coming to the place of occurrence, he recorded Fardbeyan (Ext. 4) of Mannu Singh (P.W.6), son of the deceased. Upon it, a formal first information report (Ext. 7) was drawn. Md. Rustam (P.W.8) himself took up the investigation during which he recovered the dead body from the room and also seized knife, sickle etc. under seizure list (Ext. 6). He held inquest on the dead body and prepared an inquest report (Ext. 1). Thereupon he sent the dead body for post mortem examination which was conducted by Dr. Tulsi Mahto (P.W.7), who on holding autopsy on the dead body did find the following injuries; "1. Abrasions - (i) 3 cm x 2 cm over the left elbow back. (ii) 2 cm x 2 cm over the right elbow back. 2. Incised Wound - (i) 7 cm x 2 cm x bone deep over the left side of chest front upper part situated 4 cm left to midline placed downwards cutting the left clavicle partially and 2nd and 3rd ribs completely and underlying lungs partially. There was presence of blood and blood clot in the left side of chest. (ii) 7 cm x 2 cm x cavity deep over the upper part of abdomen situated 2 cm right midline and placed downwards cutting the abdominal wall, portion of xiphisternum and underlying liver partially. There was presence of blood and blood clot in abdominal cavity."
(3.) DOCTOR issued post mortem examination report (Ext. 3) with an opinion that death was caused due to shock, as a result of above noted injuries.;