GUDDO ALIAS SONIA Vs. STATE

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 24.07.2009 and order on sentence dated 29.07.2009 delivered by the Addl. Sessions Judge, Delhi in Sessions Case No. 172/2008 whereby both the appellants were directed to undergo rigorous imprisonment for life and further sentenced to pay a fine of Rs. 2,000/- each under Section 302 IPC and in case of default in payment of fine to further undergo simple imprisonment for two months each for committing the murder of Manoj Kumar (hereinafter referred to as the deceased) husband of Smt. Guddo @ Sonia who is the appellant in Criminal Appeal No. 621/2009. The appellants were further directed to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- each under Section 120 B IPC and in case of default of payment of fine, to further undergo simple imprisonment for two months each. Both the sentences were directed to run concurrently.

(2.) The case of the prosecution was that a DD No. 6 A was received at PS Uttam Nagar that one person was lying in an injured condition at Gali No.2, Vikas Nagar. On receipt of the said DD No. 6A, ASI Raj Kumar along with WSI Indrawati Rathore, ASI Mamor Khan and Inspector Ishwar Singh reached the spot i.e. House No. R-45, R-Block , Vikas Nagar where complainant Guddo @ Sonia was present and she told the police officials that her husband Manoj Kumar was lying dead inside her house.

(3.) Thereafter, the statement of Guddo @ Sonia was recorded by the police wherein she stated that she was residing at the aforesaid address along with her children and husband. Her husband used to do repair work of old sewing machines and on 23.09.2004 at around 7.30 am, she had gone to leave her younger daughter Jyoti to the school, when she came back her husband was doing some repair work and he told her to call Rakesh Baba from Tillang Pur, Kotla Village as he had some urgent work with him. Thereafter, she went to the house of aforesaid Rakesh Baba by locking the door of their house. After reaching there she told him that her husband was calling him. She along with Rakesh Baba returned to their house at 9.40 am. When she opened the door of her house and went inside, she raised an alarm that BABA MERE PATI KO BACHAO?. Thereafter, the said Rakesh Baba went inside the house along with her and both of them saw that Manoj Kumar, husband of the complainant, was lying dead in a pool of blood on the floor inside the room. Then Rakesh Baba told her that they should inform the police but she stated that police should not be informed. But in the meantime somebody informed the police.