BRIJPAL @ BIRJU Vs. STATE

JUDGEMENT

(1.) Appellant Brijpal @ Birju impugn the judgment dated 13.09.2010 and the order on sentence dated 15.09.2010, whereby he was convicted for the offence punishable under Section 302 of the Indian Penal Code ("Code) and was sentenced to undergo imprisonment for life and to pay fine of 1,000/- or in default of payment of fine to undergo Rigorous Imprisonment for six months.

(2.) Briefly put, the prosecution case is that the Appellant, who is PW-2 Satish Kumars cousin (Mausi's son) along with his wife Laxmi and three sons Golu, Rudraksh and Anuj went to PW-2s house on 03.04.2007 to stay as a guest. On 05.04.2007 there was an election in the Metropolitan City of Delhi for MCD. According to the prosecution, at about 9:45 A.M., PW-1 Smt. Lokesh and PW-2 Satish proceeded to the Polling Booth situated at MCD School, Madanpur Khadar to cast their vote. On reaching there, PW-1 found her name missing from the voters list. She, therefore, returned to her house, whereas PW-2 stayed back at the Polling Booth to cast his vote. On reaching her house, PW-1 found the main gate (of the house) and door of the drawing room on the ground floor opened. She noticed Anuj, the youngest son of the Appellant, aged about 11/2 years crying in the room and Laxmi lay dead on the sofa. Blood was oozing out of the injury on left side of the neck. Blood was also found on the sofa and on the floor of the room. Appellant was not found present in the house. PW-1, therefore, called on the mobile phone of her husband PW-2. PW-2 immediately reached home and informed the police about the incident at number 100. ASI Chaman Singh (PW-9) reached the spot and recorded statement Ex.PW-1/A of PW-1 Smt. Lokesh and sent rukka for registration of the case to the Police Station (PS), on the basis of which FIR (Ex.PW-9/B) was recorded on 12:10 P.M.

(3.) According to the information disclosed by PW-1, the Appellant suspected the character of his wife Laxmi. PW-1 also informed PW-9 ASI Chaman Singh that she was sure that the Appellant had committed the murder of his wife Laxmi and had absconded.