RAM KUMARI Vs. THE STATE (NCT) OF DELHI

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 30th July, 2008 in Sessions Case No. 223/2006, FIR No. 128/2002, P.S. Samaipur Badli and the consequent order on sentence dated 31st July, 2008, whereby the Appellant has been convicted for the offence punishable under Section 304 Part II IPC and sentenced to undergo RI for the period of four years and to pay fine of Rs.500/ -, in default thereof to undergo SI for a further period of 15 days.

(2.) BRIEFLY stated, case of the prosecution is that on 23rd February, 2002 between 07.00 p.m. to 07.30 p.m., at first floor of house of Udai Raj Sharma, near Post Office -Village Badli, the Appellant assaulted her husband Pradeep (deceased) with a 'silbatta'(grinding stone) and caused him as many as seven injuries and escaped from the place of occurrence along with her young girl child. Pradeep (deceased) was taken to Santom Hospital, Prashant Vihar by the complainant Suraj Pal (PW4). The information about the admission of Pradeep was conveyed by the hospital authorities to the police station and on this, ASI Hari Ram reached at the hospital and collected the MLC of the deceased, who was declared unfit for statement and was referred to Trauma Centre. ASI Hari Ram recorded the statement of Suraj Pal (Ex.PW3/C) and sent it to the police station along with his endorsement Ex.PW16/A for the registration of the case. Pradeep unfortunately expired because of the injuries and on receipt of information regarding his death, Section 302 IPC was added to the FIR. On completion of the investigation of the case, Appellant was challaned and sent for trial on the strength of circumstantial evidence.

(3.) IN order to bring home the guilt of the Appellant, prosecution has examined 19 witnesses.