JOGINDER YESU DASS Vs. STATE

JUDGEMENT

(1.) Joginder Yesu Dass impugns his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) for murder of his wife Sheela Dass in the intervening night of 26/27th May, 2011, vide judgment dated 30th April, 2012 in Session Case No. 49/2011, arising out of FIR No. 204/2011 P.S. Malviya Nagar. By the impugned order dated 4th May, 2012, the appellant has been sentenced to life imprisonment and fine of Rs. 20,000/-, in default of payment of fine, he has to undergo Simple Imprisonment for three months.

(2.) Homicidal death of Sheela Dass stands undisputedly established. Dr. Pankaj Kumar (PW-1), Senior Resident, AIIMS, Department of Surgery has deposed that, on 27th May, 2011 at about 12.56 A.M., Sheela Dass was rushed to the hospital by her son Ashish Dass (PW- 10) with alleged history of being stabbed. On examination, it was found that Sheela Dass had incised wounds over the abdomen and chest region. The patient was unfit for statement, as is recorded in the MLC (Ex. PW1/A). Sheela Dass was immediately shifted for further treatment and as per the medical record (Ex. PW1/B) she had three external injuries on her body. In the cross-examination, PW-1 has averred that the injuries were on the vital body portion but he could not say whether any vital organ of the body was damaged because that could only be determined after internal examination.

(3.) Dr. Thejaswi (PW-6), Senior Resident, Department of Forensic Medicines, Jai Prakash Naryan Trauma Centre, AIIMS, New Delhi has deposed that, on 7th June, 2011, he had conducted post mortem of the deceased Sheela Dass. He has proved his detailed report (Ex.PW6/A) and verified that the deceased had three injuries and all were sufficient in the ordinary course of nature to cause death. In his subsequent opinion, (marked Ex. PW6/B), on examining the knife he has opined that "it cannot be ruled out" that injuries were sustained with the said weapon of offence.