VIKAS Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By way of the present appeal, the appellant Vikas challenges judgment of conviction dtd. 30/9/2019 and sentencing order dtd. 11/10/2019, by which the learned ASJ/Special Judge (NDPS), North District, Rohini Courts, Delhi has convicted the appellant for murder under sec. 302 of the Indian Penal Code, 1860 ("IPC") in case FIR No. 477 dtd. 15/7/2014 registered at P.S.: Adarsh Nagar, Northwest Delhi; and has sentenced him to rigorous imprisonment for life along with fine of Rs.50,000.00 ; and in default of payment of fine, to simple imprisonment for 2 years.

(2.) The matter relates to the murder of one Mikki alias Zeenat Anjum (deceased/victim) who was the appellant's sister-in-law, being the wife of the appellant's brother Ajeet. The case of the prosecution is that on 15/7/2014, between 09:30 a.m. and 11:45 a.m., the appellant Vikas killed the victim by strangulating her using the wire of a mobile-phone charger [seized vid" seizure memo Exb. PW-18/4 and Exb. PW-18/8] at the latter's residence at H.No. 59, First Floor, near Tikona Park, Kewal Park, Azadpur, Delhi.

(3.) The allegation against the appellant is that immediately after killing the victim, the appellant called his brother Ajeet [PW- 5], who was also the husband of the deceased, at about 11:45 a.m. on his mobile No. 9999930745 and confessed to him that he had murdered the victim. The appellant is also stated to have informed PW-5 that he had locked the place of offence and had placed the keys inside a "Champion 6090" van [CDR of mobile No. 9999930745 used by PW-5 is Exb. PW-20/B]. The appellant is alleged to have been using mobile No. 9958179832 issued in the name of PW-11 Ramesh Singh, who is the appellant's brother-in-law i.e. husband of the appellant's sister Babita, though the latter does not admit to this. [CDR of mobile No. 9958179832 is Exb. PW-21/B].