RAKHI MANDAL Vs. STATE

JUDGEMENT

(1.) THE appellant -Rakhi Mandal has assailed her conviction vide judgment dated 24th May, 2012 in Sessions Case No. 1/2012 arising out of FIR No. 519/2007, Police Station Sangam Vihar. The appellant has been convicted under Section 302 and 381 of the Indian Penal Code, 1860 (IPC, for short). By order on sentence dated 31 st May, 2012, Rakhi Mandal has been sentenced to undergo life imprisonment, fine of Rs.15,000/ - for the offence under Section 302 IPC and Rigorous Imprisonment for three years, and fine of Rs.5,000/ - under Section 381 IPC. In default of payment of fine of Rs.15,000/ - and Rs.5,000/ - as noted above, the appellant is to undergo Simple Imprisonment for nine months and five months, respectively.

(2.) ON 16th May, 2007 at about 1.25 p.m., a PCR call was received that a woman was lying locked inside room at 3rd Floor of House No. J -8, Saket and somebody was pelting stones from outside. The same was recorded vide DD No.11 (Ex.PW1/A). The same was marked to Head Constable Vijay Pal, who along with Constable Deepak Tiwari and Head Constable Shiv Kumar reached at spot. S.I. Aishveer Singh also reached at the spot and found one lady lying in unconscious condition in the bathroom of her bed room. Later on her name was revealed as Archana Grover. Keshav Adhaya and Janvi, son and daughter respectively of Archana Grover and one Sandeep and Suman Sharma neighbourers were found present there. Archana Grover was immediately sent to Max Hospital through PCR van. In hospital, she was declared dead with one ligature mark with erythema around anterior 2/3rd of her neck. It was revealed that maid servant Rakhi Shah @ Reena (appellant) was missing. SI Aishveer Singh made endorsement and got the FIR registered Ex.PW15/A and investigation was entrusted to Inspector Pankaj Singh.

(3.) IN support of its case, prosecution examined as many as 34 witnesses whereas appellant did not examine any defence witness.