STATE Vs. SANJAY

JUDGEMENT

(1.) State has preferred this appeal against the judgment dated 20 th December, 2010 passed by District Judge-VIII, Additional Sessions Judge and Incharge of Rohini Courts, in SC No. 82/2010 titled State versus Sanjay and Another arising out of FIR No. 691/2006, Police Station Tilak Nagar, Delhi. By the impugned judgment, the accused Sanjay (hereinafter referred to as A-1) has been convicted under Section 498A and 306 of the Indian Penal Code (IPC, for short).

(2.) The case pertains to death of Gudiya, wife of A-1, on 10 th September, 2006. On the said date, she was brought to DDU Hospital and, on examination, she was declared to have been "brought dead" vide MLC (Ex. PW-13/A) which has been proved by Dr. Ashok Arora, CMO, DDU Hospital, written by Dr. Ishwar, who had since left the hospital. The MLC records that, as told, the injuries have been sustained by the deceased apparently due to fall from height.

(3.) The prosecution has alleged that the deceased was murdered and in support of the case, had relied upon statements of Sarla (PW-1) mother of deceased Gudiya, Suraj Pal (PW-2) father of deceased and the neighbor/landlord Meena (PW-3). We may, however, note that some of the neighbours- Babita (PW-4), Raman Sharma (PW-6), Vineeta (PW-7) and Preeti (PW-9)- have not fully supported the prosecution case. The prosecution has also relied upon statement of K.K. Sharma, SDM, Patel Nagar, who was examined as PW-5.