KIRAN Vs. STATE

JUDGEMENT

(1.) The present Appeal is directed against the Judgment and Order passed by the learned Additional Sessions Judge dated 30.06.1997 whereby the present Appellant-Kiran was convicted for the offence punishable under Section 302 IPC and sentenced to undergo life imprisonment with a fine of Rs. 500/-.

(2.) The prosecution's allegations are that during the night intervening 4/5.10.1995, intimation was received by PS Gokalpuri that an incident had occurred at around 1:30 A.M. at House No.D-38, Bhagirathi Vihar, Delhi. The police personnel were deployed; upon reaching the spot, it was discerned that Sukhbir Singh, husband of the Appellant-Kiran had been beaten to death. The police recorded the statement of the informant PW-1 (Ram Pal Yadav), the deceased's father. He claimed to have received information from Nasim, tenant of the deceased, about a quarrel between the Appellant and her husband (deceased Sukhbir Singh) in the early hours of the morning. He, therefore, rushed to the spot and on the way, informed PW-5 (Rakesh Kumar) who too escorted him. PW-1 went on to say that upon reaching the place of occurrence i.e. at House No.D-33, Bhagirathi Vihar, Delhi, he saw his daughter-in-law, Kiran, inflicting several blows with a sambal (pestle) upon the deceased Sukhbir. The police had received intimation at 2:26 A.M.; after reaching the spot they took Sukhbir to the hospital where he was declared brought dead. On the basis of the report an FIR was lodged; subsequently investigation was carried out during the course of which the Appellant was arrested. She was charged with committing the offence; she denied the allegations and claimed trial. She alleged that the occurrence had in fact taken place at House No.D-38, Bhagirathi Vihar, Delhi where her father-in-law and his family members used to live and not at House No.D-33, Bhagirathi Vihar, Delhi where she lived with the deceased.

(3.) In support of its case, the prosecution examined 14 witnesses and also relied upon other materials which were placed on record. The Trial Court after considering all these facts concluded that the Appellant's guilt has been established beyond reasonable doubt and accordingly convicted her and sentenced her in the manner described previously.