Criminal appeal no. 89 of 2012
Supreme Court of India
BENCH: Hon’ble D.K. Upadhyaya J., Hon’ble Mohd. Khan J.
DATE OF JUDGEMENT: 27 April 2020
RELEVANT SECTIONS:
- Section 302 of IPC (Punishment for murder)
BACK HISTORY
The marriage of Chandra Mauli and Kusum Devi occurred before 18 years and they had three children. From about the last 2 years he was mentally disturbed and the treatments were provided by his family members. On 14th January of 2009, at about 4:00 am, Chandra Mauli murdered his wife by assaulting her with a spade on her head and forehead when she was sleeping. After committing the crime accused fled away.
The report was filed by the father of the deceased in the police station. The investigating officer arrested the accused on 16th January 2009 and recovered a spade from his house according to his statement. There was no evidence which could prove the mental illness of accused or any treatment provided to him for his mental illness.
POSTMORTEM REPORT
The postmortem examination of deceased Smt. Kusum Devi was conducted by Dr. B.K. Shrivatava and he opined in his report that the injuries found on the head of deceased could have been caused by spade and cause of death was shock and haemorrhage due to ante-mortem injuries.
FORENSIC REPORT
The forensic examination of blood over spade was conducted and the forensic report revealed the presence of human blood over the spade.
JUDGEMENT
Court framed charges against accused Chandra Mauli for committing offence punishable under section 302 of IPC which included crime of murder of his wife. The supreme court dismissed the criminal appeal of Chandra Mauli and confirmed his sentence of life imprisonment with fine.