LAWS(DLH)-2011-2-362

ANUJ KUMAR Vs. STATE

Decided On February 28, 2011
ANUJ KUMAR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Vide impugned judgment and order dated 24.07.1998, appellants Ajit Singh and Anuj Kumar have been convicted for the offence of having murdered Sushma Saluja (herein after referred to as the "Deceased"), for which offence they have been sentenced to undergo imprisonment for life and pay a fine in sum of Rs. 15,000/- each; in default to undergo rigorous imprisonment for one year.

(2.) The case set up by the prosecution against the appellants was that Vijay Kumar Saluja PW-1, the husband of the deceased, was working on the post of Assistant Engineer in Delhi Development Authority. On 26.07.1989 at about 10.15 A.M. Vijay Kumar left his house for office leaving behind his wife i.e. the deceased alone in the house and returned to his house in the evening at about 07.00 P.M. On returning to his house, Vijay Kumar was surprised to find that the main door of his house was not bolted from inside and that the deceased was not present there. Sensing something amiss Vijay Kumar rang up his mother-in-law Vidya Wati PW-6, to inquire about the whereabouts of the deceased but she had no knowledge about the same. Fearing for the safety of the deceased, Vidya Wati accompanied by her brother Madan Lal PW-15 and other relatives came to the house of the deceased. When the deceased did not turn up in her house till about 10.00 P.M. Vijay Kumar lodged a missing person's report Ex.PW-1/A. On the basis of the aforesaid missing person's report Ex.PW-1/A lodged by Vijay Kumar, Const. Om Pal Singh PW-10, recorded DD No.37B, Ex.PW-10/A, at about 10.30 P.M. on 26.07.1989.

(3.) On receiving a copy of the afore-noted DD entry, SI Souji Ram PW-19, accompanied by ACP Chetan Dass PW-18, reached the house of the deceased. In the meantime, K.N. Singh (Finger Print Expert) PW-16 and HC E.M. Shaji (Photographer) PW-13, from the crime team reached the house of the deceased; on being summoned.