Kunwar Gope vs State Of Jharkhand

Gautam Kumar Choudhary, J

Sole appellant is before this Court against the judgment of conviction and sentence passed under Section 302 of the IPC.

Informant is the brother of the deceased who was married to the appellant ten years ago. As per the FIR, there was a history of wife abuse and the appellant under influence of liquor used to assault the deceased. One year before the incidence, he had broken her hand and had also inflicted tangi blow over her head. On 13.11.2015 at about 3O’clock in the morning doused his sister with boiling water and caused her death. On receiving the information, when the informant came to his sister’s house, he found her dead body with marks of burn injuries.

On the basis of the written report Manoharpur P.S. Case No.76/15 was registered under Sections 326 and 302 of IPC against the appellant. After investigation, charge sheet was submitted and the appellant was put on trial for the offence under Section 302 of the IPC.

It is argued by the learned counsel on behalf of the appellant that there is no direct eye witness to the incidence and the case is based on circumstantial evidence in which the chain of circumstances has not been proved.

Learned A.P.P. has defended the judgment of conviction and sentence.

The appellant died a violent homicidal death, is established by the post-mortem examination report duly proved by Doctor (P.W. 5), who found the following ante mortem injuries: -

External finding:

(i) Two black colour bruise on right side of face 01” diameter.

(ii) Bleeding from nose.

(iii) One black colour bruise 02”above the right breast and 01” in diameter.

(iv) One black colour bruise 2”x1” below the left breast.

(v) Multiple linear bruise over abdomen.

(vi) Abrasion over back 7”x 4”

(vii) Abrasion on right side of back 3” x 2”

(viii) One black colour bruise on right mid thigh 01” in diameter.

(ix) Bruise over left shoulder 3”x ½”

(x) No injury noted over perineum.

(xi) Ante mortem dermal burn of face, abdomen, thorax and back.

On dissection:

Head & Neck- Skull bone meninges and brain matter intact. Thorax- Blood present in subcutaneous tissue of chest wall and sternum body of sternum fracture 3 to 7 ribs on right side fracture blood present in right plural cavity right lung lacerated due to fracture deep. Abdomen- Stomach empty rest viscera within normal limit.

Cause of death: May be due to cumulative effect of shock on injury and burn & haemorrhage from above mentioned injuries caused by hard and blunt object.

Time since death: In between 02 to 04 days as rigor mortis absent in upper limb and present in lower limb.

In his examination-in-chief, this witness has opined that above mentioned injury No. (iii) to (vi) are sufficient to cause death in ordinary course of nature.

It is also not in dispute that the incidence took place within the confines of the house and the unfortunate incidence took place on the night of Deepawali when the devout Hindus worship Goddess Lakshmi. P.W. 1 in para 4, P.W. 2 in para 2, P.W. 3 in para 4, P.W. 7 had all consistently stated that the incidence took place in the house of the appellant. This has been corroborated by the Investigating Officer in para 8.

It has also come in the evidence of the informant that the appellant used to assault his wife and in past also, he had broken her hand.

The above evidence establishes three facts. First, it was a violent homicidal death, secondly, the death took place in the house of the appellant and thirdly, there was history of the deceased being assaulted by the appellant. The appellant was also present there, is evident from the testimony of P.W. 3 in para 4. All these evidences were put to the appellant and no plausible explanation has come from his side regarding the death of his wife. It is impossible to accept his explanation given to question no.20 that he had slept that night and on next morning, she had died. Learned trial court has discussed the evidence at length while returning the judgment of conviction under Section 302 of the IPC. I do not find any infirmity which is accordingly, affirmed.

Criminal Appeal stands dismissed.

Pending Interlocutory Application, if any, is disposed of.

Let the Trial Court Records be transmitted to the Court concerned along with a copy of this judgment.