SIKANDER SONI Vs. STATE

JUDGEMENT

(1.) This appeal assails the judgment dtd. 6/5/2017 whereby the appellants have been convicted for the offences punishable under Ss. under Sec. 302/201 read with Sec. 34 IPC and Sec. 376(2)(g) IPC (as it stood before the amendment in 2013) and order on sentence dtd. 1/7/2017 awarding rigorous imprisonment for life (not less than 20 years) and a fine of Rs.25,000.00 (simple imprisonment for one year for default in payment) for offence punishable under sec. 302/34 IPC; rigorous imprisonment for life for offence punishable under sec. 376 (2)(g) IPC and a fine of Rs.20,000.00 (simple imprisonment for one year for default in payment) and rigorous imprisonment for a period of three years for offence punishable under sec. 201 IPC and a fine of Rs.5,000.00 (in default of payment to undergo simple imprisonment for three months). All sentences were to run concurrently.

(2.) As per the case of the prosecution on 24/4/2012 at about 7.30 a.m., information was received at the Police Post Nehru Place vide DD No.10 that a dead body of a female is lying in a semi naked condition. Police rushed to the spot and found a dead body of a female aged 24-26 years near Metro flyover adjacent to Metro Pillar No. 127 in semi naked condition, wearing black/white colour top, blood oozing out from the mouth, nose and ears of the body and injury marks were all around its face. A black colour jeans with its zip broken was lying at a distance of about 10 steps from the body and broken hairs were also on the body of the deceased. The police found a tattoo with the word 'Javed' on her left forearm and on her left middle finger words 'PG' were tattooed. On her right forearm, there was another tattoo of trishul and damroo. She was wearing a nose pin, two pairs of ear rings, black string with locket around her neck and a ring with stone on her right hand finger.

(3.) SI Ranjan Kumar prepared rukka and case was registered. Crime team and the photographer were called and Inspector Ishwar Singh took over the investigation. On the same day /night, a missing report of a lady namely the prosecutrix having the same description was found lodged by one Javed, resident of Rohini at the P.S. K.N. Katju Marg, Rohini Upon further inquiry the said Javed identified the deceased to be his wife. He stated that in the evening of 23/4/2012 he had received a call from Hamida, his first wife that the prosecutrix had left her son Junaid with her and gone to the market and had not returned nor was she picking up the phone. When Javed called the prosecutrix around the evening, she told him that she had come to the Lajpat Nagar market to do shopping for Junaid. However, when she did not reach home till 9:30 p.m., Javed again spoke to her and she mentioned that she had gone to the Defence Colony market and had taken a taxi for reaching Rohini and the taxi number was 9551. This was the last communication that Javed had with the deceased.