SATBIR SINGH Vs. STATE

JUDGEMENT

(1.) WHAT was presented as a simple case of robbery, where a gang attacked a couple travelling late night and murdered the wife, stands obfuscated with the prosecution allegation that it is rather a case of disgruntled husband murdering his wife and feigning his defense. The husband blames the death of his wife on three-four looters who attacked them with gandasas outside Nala road, Jharoda, Delhi. Finding these vagaries to be patently absurd, the prosecution argues that it is a case of murder by degenerated husband who now uses subterfuge to avoid incarceration. In this imbroglio we are required to determine in this case which has come for appeal from Session Case No. 123/2010, arising out of FIR No. 226/2010, wherein, by judgment dated 12th December, 2011 the appellant has been convicted under Section 302 IPC and vide order of sentence dated 23rd December 2011, he has been sentenced to Rigorous Imprisonment for life and fine of Rs. 10,000/-, in default of payment of fine, he is to undergo SI for six months. Under Section 498A IPC, the appellant has been convicted and sentenced to Rigorous Imprisonment for one year and fine of Rs 5,000/-, in default of which, he is to undergo SI for three months. Homicidal death and Injuries on the deceased.

(2.) IT remains undisputed that the deceased Beena, wife of the appellant, died a homicidal death, in the intervening night of 28th - 29th July, 2010. At about 1.30 A.M. on 29th July, 2010, she was found dead in a pit at Jharoda Pusta Nala Road. Dr. Rabindra Kumar (PW-2), who proved MLC Ex. PW2/A, had examined her in the casualty ward of Aruna Asaf Ali Hospital, Rajpur Road, New Delhi. The MLC, recorded at 3.30 A.M., mentions that the patient was brought unconscious and did not respond to any stimulus. Heart sound was not audible and no blood pressure was recordable. At 3.35 A.M. she was declared to have been brought dead. The Post Mortem Report (Ex. PW3/A), conducted by Dr. Akash Jhanjee (PW-3), Jr. Specialist in Forensic Medicines, delineates the cause of death to be cerebral damage to the head, consequent upon blunt force impact, which was sufficient to cause death in the ordinary course of nature. The deceased suffered as many as 20 injuries and all but Injury No. 14 were caused by blunt force impact. Injury No. 14 i.e. linear abrasion was caused by a sharp pointed object. The injuries are as below:-

(3.) KIRAN Devi (PW-7), aunt "mausi" of the deceased, avers that, on 28th July, 2010, the appellant, along with the deceased, dined at her house, at Balswara Dairy, New Delhi. PW-7 states that the two had come to her house unannounced, at about 7.00 P.M and this was appellants first visit to her residence, with Beena, after their marriage. The two left, at about 10.15/10.30 P.M., and next morning she was intimated that Beena had expired. PW-7 says that she had requested them to stay over, at night, but accused Satbir insisted against this. In the cross-examination, however, it was revealed that PW-7 had only a single room, in her house.