LAWS(DLH)-2010-5-74

MUKESH Vs. STATE

Decided On May 04, 2010
MUKESH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Appellant Mukesh faced trial for the charge of having murdered his wife Anita (hereinafter referred to as the 'Deceased') on 23.4.2004 at around 2:00 PM in the matrimonial house of the parties being Flat No. 55, Pocket IV, Sector-21, Rohini, Delhi.

(2.) Vide impugned judgment and order dated 01.10.2007, the appellant has been held guilty of murder for which offence he has been sentenced to undergo imprisonment for life and pay fine in sum of Rs. 10,000/-; in default of payment of fine to undergo rigorous imprisonment for a period of two months.

(3.) Case of the prosecution against the appellant was that on 23.04.2004 at about 2.45 PM the appellant came to PS Sultanpuri and informed HC Dilbagh Singh PW-8 that along with his wife and his three children the appellant resides at flat bearing Municipal No. 55, Pocket IV, Sector 21, Rohini, Delhi and that his sister Krishna and her husband Bhanu reside in the flat opposite to his house. That since last few days the deceased was having illicit relations with his brother-in-law Bhanu. That he requested the deceased to end her relationship with Bhanu but she did not pay any heed to his requests. That today i.e. 23.04.2004 at about 10.00 AM he took his three children to the terrace of his house and left them there for playing. Thereafter he came downstairs and strangulated his wife with the string of her salwar and also cut her neck with a kitchen knife. After sometime he bolted his house and took his children to his sister Krishna in NPL Colony and left them with her. Having realized that he has committed a wrong by murdering his wife he has come to the police station to confess his guilt. One Shakeel PW-16, a public person was present at the police station and heard the said confession being made by the appellant. HC Dilbagh Singh PW-8, recorded the afore-noted information given by the appellant in DD No. 20A, Ex.PW-8/A.