PINKI Vs. STATE

JUDGEMENT

(1.) Pinki (the appellant) impugns a judgment dated 20.05.2011 in Sessions Case No. 218/1/10 arising out of FIR No. 55/10 PS Moti Nagar by which she was convicted for committing offence punishable under Section 304 part-II IPC. By an order dated 26.05.2011, she was sentenced to undergo RI for five years with fine Rs. 200/-.

(2.) Allegations against Pinki were that on 25.02.2010 at about 02.30 P.M. at Jhuggi No. 155/74, Jakhira, Chara Mandi, Delhi, she committed culpable homicide not amounting to murder by causing death of Akash aged 13 years. The police machinery came into motion when Daily Diary (DD) No. 24A (Ex.PW-9/A) was recorded at 01.45 P.M. on 26.02.2010 on getting information from his father that Akash had died for unknown reasons. The investigation was assigned to ASI Preet Pal Singh who with Const.Raju Palwe went to the spot. On inspection of the body, ligature marks were found on the deceased's neck. The Investigating Officer made endorsement (Ex.PW-7/A) and lodged First Information Report under Section 304 IPC. Statements of the witnesses conversant with the facts were recorded. On 26.02.2010, the appellant's involvement in the incident surfaced and she was arrested. Pursuant to her disclosure statement, 'chunni' ligature material used to strangulate Akash was recovered. Post-mortem examination on the body was conducted. After completion of investigation, a charge-sheet under Section 304 part-I IPC was submitted in the Court. Pinki was duly charged and brought to trial. The prosecution examined thirteen witnesses. In her 313 Cr.P.C. statement, Pinki pleaded false implication. She claimed that Akash had committed suicide. Mahavir Singh (Pinki's husband) stepped into the witness-box in her defence as DW-1. On appreciating the evidence and considering the rival contentions of the parties, the Trial Court, by the impugned judgment, held the appellant perpetrator of the crime under Section 304 part-II IPC and sentenced her accordingly. Being aggrieved, she has preferred the appeal.

(3.) Indisputably, Mahavir Singh was married earlier to Babli who expired after giving birth to two boys Akash and Vikas. After about four years of her death, Mahavir Singh married to Pinki (the present appellant) and she was blessed with three children out of this wedlock. Akash used to live with her natural father Mahavir Singh and step-mother Pinki and was studying in Government Boys' Secondary School, Tulsi Nagar, Delhi in 8th Standard. On 25.02.2010, he was found dead in the house. No complaint was lodged for his death with the police that day. Last rites were not performed to await arrival of Mahavir Singh's father who had gone to his village.