KIRAN MEHLAWAT Vs. STATE

JUDGEMENT

(1.) Appellants Kiran Mehlawat and Surinder Singh and co-accused Jasvinder Singh faced trial for the charge of having murdered Pratap Singh (herein after referred to as the "Deceased"). Additionally, appellant Kiran faced trial for the charge of having given false information to the police.

(2.) Vide impugned judgment and order dated 18.05.2001, appellants have been held guilty of committing the offence punishable under Section 302/34 IPC, for which offence they have been sentenced to undergo imprisonment for life and pay fine in sum of Rs.10,000/-; in default to undergo rigorous imprisonment for a period of two months. Additionally, appellant Kiran has also been held guilty of committing the offence punishable under Section 203 IPC, for which offence she has been sentenced to undergo rigorous imprisonment for a period of one year and pay fine in sum of Rs.500/-; in default to undergo rigorous imprisonment for a period of ten days. Co-accused Jasvinder has been acquitted by the learned Trial Judge.

(3.) Case of the prosecution was that in the intervening night of 28/29.07.1996 Const.Varinder PW-16 and Const.Babu Singh PW-18, were patrolling in the area around Deepali Chowk, Rohini when they saw a motorcycle bearing registration No.DBX-4874 (of Yamaha make) lying abandoned on a service lane near Deepali Chowk. They opened the dickey of the motorcycle where they found the registration certificate of the motorcycle from which they gathered knowledge of the address of house bearing Municipal No.134, Sainik Vihar, New Delhi. They went to the house in question where they met Kiran, who informed them that the motorcycle belonged to her husband and that the same has been stolen. The police officers told her to check whether anything else was stolen and followed her as she went up to the first floor and saw the dead body of a male having an electric cord around the neck. Kiran told them that the dead body was of her husband.