SHASHI BAHADUR Vs. STATE OF H P

JUDGEMENT

(1.) The appellant stands convicted for murdering his wife Dhansari, on 13.05.2007.

(2.) The prosecution case, in brief, is that the body of the deceased was recovered next day i.e. on 14.05.2007 at around 5.15 AM. The postmortem report is proved by Dr.Surinder Kumar (PW.6), who states that the deceased was having visible injuries on her face, neck and left foot with clotted blood. He found the following injuries on her body recorded in post mortem report Ex.PW.6/A:-

(3.) The prosecution basically relies on the evidence of Sh.Kirath Bahadur (PW.3). He states that he was working as a peon in the State Electricity Board. He states that Sanjeet Kumar was also working with him. The deceased and the accused were living together in Chhambdhar in the orchard of Sh.Ramesh Negi. 13.05.2007 was Sunday and at around 9.30 AM he was going to the Bazar along with Sanjeet Kumar, where the accused met them. He (accused) told them that he is going to Shimla to give money to his son in law, who is unwell. After sometime, he (PW.3), Sanjeet Kumar and the accused went to Sangam Hotel Bar and consumed liquor. The accused did not go to Shimla on that day and was sent by them to the house of Sh.Ram Singh (PW.1) so that he could keep the money there in safe keeping as he was prone to squander it. The accused had missed the bus for Shimla. PW.3 Kirath Bahadur and the accused had decided to go to Shimla on the next day as he (PW.3) was to get himself checked up in Indira Gandhi Medical College. In the morning on 14.05.2007, he and the accused went to the house of PW.1 Ram Singh, from where the accused took the money kept in safe keeping on the previous day. Thereafter, he and the accused boarded a bus at Chopal for Shimla at around 5.40 AM. He stated that on 13.05.2007, after drinking together, he, Sanjeet Kumar and the accused left for their respective homes at around 4.00 PM. On 13.05.2007, at around 8.30 PM again the accused came to his house, took dinner and slept there during the night, at that house, he was normal. On 14.05.2007, he and the accused came to Shimla, where the accused paid Rs. 2000/- to his son in law and in the evening they returned to Chopal. He further states that he had gone to the house of the accused on 14.05.2007 and found the door shut, which was neither bolted or locked. The door was opened by the accused, who went inside and called his wife, but found her dead, lying on a cot, with her body covered by a blanket. The accused then sat near the chullah (hearth) quietly. He did not talk or speak. We are not adverting to the cross-examination of this witness as this is the crux of the case.