BACHA RAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THE Appellant has impugned a judgment and order of the learned Additional Sessions Judge, dated 18 -12 -2010, and the order dated 21 -12 -2010, in SC No. 122/2010, convicting him to undergo life imprisonment, and also pay fine.

(2.) Briefly, the prosecution alleged that the police received intimation, through DD No. 4A on 30 -9 -2003, about a murder, of a woman Kusum (hereafter referred to by her name or as "the deceased"). They went to the spot, i.e. H. No. 18, L -Extension, Rama Park Road, Mohan Garden, Uttam Nagar, and found that her husband had run away, after killing her. The Additional SHO too reached the spot, and found Kusum lying dead, and considerable bleeding from her nose and mouth. Kusum had married the Appellant on 20 -06 -2002; however, they had a strained family life. The SDM was called, as well as the Crime team; the crime team got the scene photographed, and also examined the scene and conducted inquest proceedings. The police recorded the statement of Krishna @ Babby, the deceased's sister; she mentioned about the latter's marriage with Bacha Ram. She stated that soon after the marriage, the Appellant started ill treating the deceased, and demanded dowry in the form of items such as TV, fridge, scooter, etc. As a result of the failure to comply with dowry demands, he used to beat Kusum daily. In August, 2003, he sent Kusum to her parental house, and in her absence, sent dowry items to his village, in Kasganj, UP. She had tea with the Appellant and Kusum in her place on 29 -09 -2003, at 05:00 PM. The next morning at 08:30 AM, Prem Lata, the daughter of the Appellant's landlord, told her (Babby) that Kusum was not responding; she therefore went to see her. On lifting the blanket spread over Kusum, she saw her bleeding from the mouth; her body had gone cold. She raised a cry, and the neighbours gathered there. She also noticed a piece of paper, and saw that the deceased had throat injuries, as well as injuries on her hand, and her bangles were broken.

(3.) THE police carried out investigation, after recording the FIR; the Appellant was arrested on 02 -10 -2003. It was alleged that as a result of investigations and the disclosures made, certain articles were recovered, and seized, including the weapon of offence. The Appellant was charged with committing offences punishable under Sections 498 -A IPC and also committing the offence punishable under Section 302 IPC; an alternative charge, for committing offence punishable under Section 304 -B too was framed. He entered the plea of not guilty, and claimed trial. The prosecution examined 33 witnesses, and material exhibits. The Trial Court, by the impugned judgment, convicted the Appellant for committing the offence punishable under Section 302 IPC; however the court acquitted the Appellant for committing the other offence. The prosecution principally relied on the testimonies of PW -3 Krishna, and PW -13 Prem Lata - these were believed by the Trial Court. Their depositions were relied on to say that the deceased was "last seen" in the company of the Appellant, her husband.