JAGDISH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 18.02.2000 in Sessions Case No. 178/97 arising out of FIR No. 127/95 Police Station Mangol Puri, convicting the appellants Jagdish, Laxmi Narain (since deceased) and Ram Piary (since deceased) for the offences punishable under Sections 498A IPC and 302 IPC read with Section 34 IPC and consequent order on sentence dated 21.02.2000.

(2.) The appeal was jointly preferred by all three of them. However, during the pendency of the appeal, appellants Laxmi Narain and Ram Piary expired, as such, the appeal as regards them abated.

(3.) Briefly stated, case of the prosecution is that on 28.02.95 at about 7:05 pm, an information was received from PCR at P.S. Mangol Puri that one man has killed his wife at H-733, Mangol Puri, Delhi. The said information was recorded as DD No. 18A and copy thereof was entrusted to SI Ishwar Singh (PW16) for verification, who proceeded for the spot of occurrence along with Constable Kartar Singh (PW7). On reaching the spot of occurrence, i.e., first floor of the house, SI Ishwar Singh found the dead body of the deceased Kamlesh @ Kamla lying there. No family member of the deceased was available at the spot but many neighbours were present. On inquiry, SI Ishwar Singh, PW16 found that the death of Kamlesh @ Kamla had occurred under suspicious circumstances, so he conveyed the information to the SHO, P.S. Mangol Puri and also tried to contact the SDM of the area, but could not make contact with him. He summoned a private photographer and got the spot of occurrence photographed from various angles. In the meanwhile, the SHO contacted the SDM, who directed him to remove the dead body to the dead house after marking the outlines of the dead body and also to preserve the scene of crime.