ANIL KUMAR Vs. STATE

JUDGEMENT

(1.) THIS Appeal is directed against the judgment dated 22.12.1997 and the order on sentence dated 23.12.1997 whereby the Appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code (,,Code) and was sentenced to undergo imprisonment for life.

(2.) SUCCINCTLY stated, the prosecution case is that on 12.04.1989 at about 8:45 A.M. Mohan Lal Jain, husband of the deceased Rita Jain (,,R) as usual left for his shop. His two children Master Kapil, aged 12 years and Kumari Shikha, aged 11 years also left for their school. At about 10:30 A.M. one boy came there and straight away entered the house of R. At that time, R was talking to PW-3 Smt. Manju Gupta, her neighbour. On inquiry as to the identity of the said boy, R informed PW-3 that the boy (Appellant) was her nephew (Nanad's son).

(3.) PW-19 Inspector K.K. Kaushik, SHO Police Station (PS) Vivek Vihar, Investigating Officer (IO) of the case rushed to the spot. He found the dead body of R lying on a double bed in a pool of blood in a room in house No.C-1/61. The clothes of R were found to be in disorder. The IO observed an injury on her neck caused by some sharp edged weapon. Some broken pieces of bangles were lying on the floor near the bed. A small kitchen knife with a broken handle and another knife with a twisted blade and plastic handle were also found lying near the bed. The crime team was summoned by the IO. By that time PW-12 Mohan Lal Jain, husband of R also reached the spot.