DINESH KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE appellant seeks to challenge his conviction order dated 17th August, 2010 passed by learned Additional Sessions Judge, New Delhi vide which he was held guilty of the offence punishable under Section 302 IPC and the order of sentence dated 25th August, 2010 vide which he was sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 20,000/ - in default thereof to undergo SI for a period of six months. Before going to the grounds of appeal, it will be in fitness to narrate the prosecution case as it emerges from the record.

(2.) ON 9th August, 2002, on receipt of call of murder of a lady at House No. 1566/A, Wazir Nagar, Kotla, SI Dinesh along with Ct. Ashok went to the spot where they came to know that a lady was stabbed with a knife and a man had jumped from the roof. By that time, both of them had been removed to AIIMS hospital. He went to the hospital where the doctor declared the lady viz. Smt. Amarjeet Kaur brought dead. Dinesh Kumar was found admitted in injured condition. SI Dinesh recorded the statement of Satnam Singh, husband of the deceased who, inter alia, stated that he had been living with his wife in House No. 1566/A, Wazir Nagar, Kotla for the last three years. As per the family settlement, shop No. 1&2 came in his possession. Shop No. 3&4 went to his deceased brother Surjeet Singh and Arjun Singh. He was running a STD/PCO booth at Shop No. 1. Shop No. 2 was given on rent to Ganga Prashad Verma for the last 61/2 to 7 years. Ganga Prashad purchased the shop No. 3 from his sister -in -law about 21/2 years ago. Since then, he has been asking Ganga Prashad to vacate his shop where he has been doing the work of repair of sofa and curtains with his sons, Dinesh, Ramesh and Umesh. Ganga Prashad did not listen to him and stopped paying rent. On this, on many occasions, they had heated arguments resulting in strained relations. However, he kept on reminding him from time to time to vacate the shop. Dinesh used to speak in a loud voice and used to pick up quarrels but he avoided. On becoming fed up at the conduct of the accused and his father, about two months ago he got electricity of shop No. 2 disconnected. Thereafter, they became inimical to him. On 3rd August, 2002, at about 2:30 pm Dinesh came at his STD booth and at that time one Balvinder Singh was also present. Dinesh threatened him that he would teach him a lesson for disconnecting the electricity in the scorching summer and he would remember it for his whole life, but he did not take it seriously. On 9th August, 2002 at about 5:30 pm, Dinesh came at his booth and started talking to him with respect to the shop. He did not discuss the matter with him by saying that he would talk to Ganga Prashad. Dinesh purchased a Pepsi bottle from his shop. After about 10 minutes, he left the shop. He, in routine, gave call bell to his wife who lifted a parallel phone. He told her about the visit of Dinesh. On this, his wife told him that Dinesh was sitting with her and talking about the shop. Ten minutes later, he again gave call bell to his wife but his wife did not pick up the phone. After 5 -7 minutes, he heard a noise that someone had fallen from the roof. He went there and saw Dinesh in unconscious condition in front of shop No. 2 on the road. He called his brother Ramesh. It occurred to his mind that Dinesh had been sitting with his wife, he looked at the window and found it open. He went upstairs and found his wife on the stair case. The blood was oozing out from her chest, abdomen and shoulder. He also noticed blood on the stairs and lobby. He also noticed a broken knife with its blade and handle lying separately. He came down and raised alarm that his wife had been injured by causing stab wounds. On hearing the noise, some people went with him to the first floor, brought his wife down and made her sit on the rear seat of the car brought by Ramesh. Dinesh was already on the front seat of the car. He did not object to taking of his wife in the same car since she was pregnant for five months after 12 years of marriage and he wanted immediate treatment. He sat with his wife on the rear seat and they all went to the Casualty, AIIMS where doctor declared her dead and admitted Dinesh. He alleged that Dinesh had killed his wife with pre -planning. On the statement of Satnam and the MLC, a case under Section 302 IPC was registered. Further investigation was conducted by Inspector Ashok Kumar who prepared the inquest papers, inspected the spot, called the crime team, got the spot photographed, collected the blood from the staircase/lobby, Hawai chappal, a green colour chunni, a blood stained towel, handle of the knife and the blade stained with blood. Dinesh was referred from AIIMS to Safdarjung Hospital but he fled away from there. Later on, he was arrested from Safdarjung Terminal on the identification of Satnam Singh. He got recovered his blood stained shoes from the place near Sewa Nagar railway crossing. Post Mortem of the deceased was conducted and the doctor opined injuries caused by sharp edged weapon, which were sufficient in ordinary circumstances to cause death. The exhibits were sent to FSL from where report was collected. After completing investigation, charge sheet was submitted.

(3.) AFTER hearing learned counsel for the parties, vide order dated 17.03.2003 charge for offence under Section 302 IPC was framed against the accused to which he pleaded not guilty and claimed trial.