STATE NCT OF DELHI Vs. KAUSHALYA

JUDGEMENT

(1.) THE State seeks leave to appeal against a judgment and order of the learned Additional Sessions Judge dated 31.03.2010 whereby the respondent/accused was acquitted for the offence punishable under Section 302 IPC.

(2.) IT is alleged that on 26.09.2009 by DD No.5A information was received at PS Chhawla at 1.03 AM from mobile No.9212089862 that at Paprawat village near Vaishno Mata Mandir a lady had escaped after killing her three year old daughter. The DD was assigned to SI Sudesh Pal who reached the house of Om Prakash s/o Sh.Mauji Ram, village Paprawat and found that one lady aged about 80 year was lying dead on the cot in the varandah of the house. There were strangulation marks on the left side of her neck. SI Sudesh Pal recorded the statement of Om Prakash (son of the deceased) who disclosed that earlier he was married to one Bimla and had obtained divorce from her about seven years back. There was no issue from the said marriage. In the month of February, he had brought one Kaushalya (since accused) through one Chaman Lal after undergoing ceremony of "Mang Bharai". Kaushalya also brought alongwith her a three year old daughter from her first marriage. The complainant, Om Prakash, further disclosed that relations between the accused Kaushalya and the deceased were not cordial and there used to be frequent quarrels between the two. The accused had threatened him many times uttering the words "Mein Tujh Ko Aisa Kar Dongi Ke Tum Hamesha Yad Rakhoge". On that day at about 10 PM the accused fought with the deceased. He intervened and then went to sleep. The accused continued to abuse the deceased and threatened her saying that she would not spare the old woman. Thereafter, he (Om Prakash) went to sleep in another room in the house.

(3.) ON the basis of this statement of the complainant Om Prakash the police registered the present case by FIR No.196/09 under Section 302 IPC. During investigation, the IO prepared the site plan; summoned the crime team; sent the dead body to RTRM hospital for post-mortem; collected exhibits from the hospital and deposited them in the Mal Khana. Subsequently, the post-mortem report was collected. The accused was arrested. After investigation, the police filed a challan for the offence punishable under Section 302 IPC.