PAPPU Vs. STATE OF DELHI

JUDGEMENT

(1.) The present appeal is directed against the judgment dated 27 th April, 2009 passed by the learned Addl. Sessions Judge, Delhi arising out of FIR No.464/07 u/s 302 IPC Police station Timar Pur wherein appellant has been convicted for the offence punishable u/s 302 IPC. The appeal is also directed against the order of sentence dated 30 th April, 2009 wherein appellant has been sentenced to undergo life imprisonment and to pay a fine of ' 5000/- and in default of payment of fine to undergo simple imprisonment for six months.

(2.) The case of the prosecution is as under:- On 19 th August, 2007, DD No.4A Ex. PW-12/A was recorded at Police Station Timar Pur on receipt of information given by PCR (Police Control Room) that a dead body of a woman was found lying at Timar Pur Gole Chhatri Wala Park, Ram Leela Ground. Thereupon SI Rakesh Kumar PW-12 along with Constable Vinod Kumar reached the spot where Shobha PW-1, daughter of deceased was present who made a statement Ex.PW 1/A alleging therein that deceased Asha was her mother. On 18 th August, 2007 about 8.30 am, her mother and step father Pappu i.e., appellant had come to her house. Her mother Asha had given her one pazeb for selling it in the market and she had sold the same for ' 350/- and gave the money to her mother, out of which her mother gave ' 50/- to her for purchasing vegetables. She alleged that her mother and step father Pappu used to quarrel as Pappu used to doubt the character of her mother. On that day also, they had quarreled but she had pacified them. At about 10 pm, appellant came from outside and was drunk. Due to paucity of space in her jhuggi (hut), her mother and appellant Pappu went to Chatriwala Park to sleep on a chabutra (platform). Complainant Shobha PW-1 had served food to them in the park and at that time, appellant Pappu was quarreling with her mother Asha and told her that he had been tolerating her bad character for many days and that he would not tolerate it further. Complainant PW1 pacified them and thereafter came back to her jhuggi. At about 1.30 am, someone from the neighbourhood informed her that her step father had killed her mother. Thereafter she ran to the park and saw her mother lying dead on the chabutra and appellant Pappu was there and he was saying that he had killed her because of her dirty habits. SI Rakesh Kumar PW-12 attested her statement Ex.PW1/A at point 'A' and prepared the ruqqa and sent the same to the Police Station through Constable Vinod. On the basis of her statement Ex.PW 1/A, FIR No.464/07 Ex.PW3/A u/s 302 IPC was registered. In the meantime, Inspector K.S.Rawat PW-15 had also arrived at the spot. Crime team also reached there and inspected the spot and took photographs. Appellant was present at the spot and he was apprehended at the instance of Shobha PW-1. After interrogation, he was arrested vide arrest memo Ex.PW-1/E. His personal search was conducted vide memo Ex.PW 1/F. Appellant also made a disclosure statement Ex.PW-1/G. One Chunni Ex.P-1 from the spot was got recovered by the appellant which was seized by the IO (Investigating Officer) vide seizure memo Ex.PW-1/C after completing necessary formalities in this regard. The other articles lying at the spot i.e., dari, green coloured bed sheet, one pair of hawai chappals stated to be of deceased were seized by the IO after completing necessary formalities. The dead body was sent to the mortuary. Postmortem examination of deceased was got done. After completion of necessary investigation, a challan was filed before the learned M.M. Thereafter the case was committed to the Sessions court where the charge was framed against appellant for having committed the offence punishable under Section 302 IPC. Appellant pleaded not guilty and claimed trial.

(3.) The prosecution, in all, had examined 15 witnesses. Out of which, the material witnesses are Shobha PW-1, Reena PW-2, Satish Kumar, PW-5, Rajesh Gupta PW-6 and Rajesh @ Santi PW-9. Shobha PW-1 is the daughter of the deceased. Rajesh @ Santi PW-9 is the husband of Shobha PW-1, Reena PW-2, Satish Kumar, PW-5 and Rajesh Gupta PW- 6 are all residents of that area. The remaining testimonies relate to police and medical evidence.