TINKU RAM Vs. STATE

JUDGEMENT

(1.) THE Appellant, Tinku Ram impugns a judgment and order dated 14.12.2010 in S.C. No. 127/2010 by which he was convicted for the offences punishable under Section 302/324 IPC. For the offence under Section 302 IPC, he was sentenced to undergo Life Imprisonment and for the offence under Section 324 IPC, the Appellant was sentenced to undergo Rigorous Imprisonment for one year.

(2.) THE prosecution case is that on 10.06.2002, at about 10:55 PM on receipt of DD No. 31 Ex.PW-2/A, SI Parveen Kumar (PW-18) along with Constable Madan Kumar (PW-9) went to Laxmi Vihar, Prem Nagar-III where they were informed that the injured was taken to Sanjay Gandhi Memorial Hospital. PW-9 remained at the spot while PW-18 along with Constable Shamsher (PW-10) reached the hospital; they received the MLC of the deceased in which he was declared brought dead. PW-18 met Sadan Kumar Mehto (PW-7, eye-witness) who led to the arrest of the Appellant Tinku Ram. PW-7 informed PW-18 that the Appellant had suspected that Rajesh (the deceased) had an illicit relation with his wife Basmati Devi; on this issue the Appellant and deceased had a quarrel due to which the deceased moved out of Tinku Rams house and started residing with him (PW-7).

(3.) CHARGES were framed against the Appellant under Sections 302/324 IPC and under Section 25/54/59 of the Arms Act. The Appellant pleaded not guilty and claimed trial. The prosecution, to prove its case, examined 22 witnesses and relied upon several exhibits. After considering all these, the Trial Court convicted the Appellant, as noticed earlier, and sentenced him to imprisonment for various terms.