SATENDER Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of an appeal against the judgment and order of learned Additional Sessions Judge dated 30.11.2010 in SC No.46/2009. The impugned judgment convicted the appellant under Section 302 IPC and sentenced him to undergo life imprisonment with a fine of Rs.5,000/- in the fault of which he is to undergo 3 months simple imprisonment.

(2.) The prosecution allegations briefly were that the appellant was not in good terms with his wife Pinky (hereafter referred to as the deceased ). The latter had initiated criminal proceedings against him by lodging First Information Report (No.289/2007) alleging that he (the appellant) had committed offences punishable under Sections 307/498A and 448 IPC and apparently another First Information Report, alleging the commission of offence under Section 324 IPC had also been lodged against the appellant. The trial in those cases were pending before the Rohini Court. Shri Vipin Siroha, PW -14 (Pinki s counsel) had stated that she had also preferred a complaint under the Protection of Women from Domestic Violence Act, 2005 against the appellant, which too was pending before the Rohini Court and was scheduled for hearing on 18.10.2007. It was alleged that PW-14 received a call on his mobile from Pinky s telephone and heard the cry Bachao Bachao upon which he informed the Police by calling 100. The prosecution alleged that the immediately PCR Van was intimated at about 3.38 PM. PW-1 (Head Constable Maha Singh) and PW 2 (Constable Manoj Kumar); who were on patrol duty upon receiving the call regarding the quarrel at Pinki s premises i.e. 510, Pana Udyan, Narela reached the place and found the house bolted from outside. They allegedly saw through the gap that a lady was lying down and someone was hitting with bricks and stones. The gate/entrance was open. PW-1 and PW-2 went inside and they discovered that the deceased had multiple injuries on her head. They allegedly apprehended the appellant, the deceased was taken to SRHC Hospital by the two witnesses. The appellant was also taken there. The deceased was declared as brought dead . This information was conveyed to P.S. Narela in two DD Entries 25 and 26. It is further alleged that Inspector Jai Singh, PW-21 reached the hospital upon receipt of information and the appellant was handed over to him. PW-21 recorded the statement of PW-1. The appellant s blood stains clothes were seized. The crime team was called in; it inspected the site. After registering the First Information Report No.553/2007, (FIR), investigation was carried out and charge sheet was filed in Court. Upon being charged with committing the offence, the appellant pleaded not guilty and claimed trial.

(3.) The prosecution examined 23 witnesses and in support of its case besides relying on exhibits which were placed on record as part of the prosecution case. By the impugned judgment the trial court held that the prosecution had proved its case beyond reasonable doubt and convicted the appellant as charged, it also sentenced him to undergo life imprisonment.