RANJANA Vs. STATE

JUDGEMENT

(1.) Ranjana (the appellant) impugns a judgment dated 05.04.2010 in Sessions Case No.52/2009 arising out of FIR No.118/2004 registered at police station Gokalpuri by which she was convicted for offences punishable under Sections 304 part II/201 IPC and sentenced to undergo Rigorous Imprisonment for six years with total fine Rs. 3,000/-.

(2.) Daily Diary (DD) No.8A was recorded at 12.00 (noon) on 22.03.2004 at Police Statoin Gokalpuri on getting information about recovery of body in a house at A-block, Gali No.1, Rama Garden, Karawal Nagar, Delhi. The investigation was assigned to ASI Tara Dutt who with Constable Harinder Singh reached the spot. The investigation was taken over by PW-11 (SI Amul Tyagi) who with Constable Sohanvir went to the spot. ASI Tara Dutt informed him that Rakambir Singh's dead body was lying in a gutter inside the house. Crime team was summoned. The Investigating Officer made inquiries from Kumari Durgesh, victim's daughter, aged eight years and recorded her statement (Ex.PW-2/A). Crime team reached the spot and got the crime scene photographed. The body was taken out of the gutter. SI Amul Tyagi lodged First Information Report. Dr.Arvind Kumar (PW-10) conducted post-mortem examination of the body. Statements of witnesses conversant with the facts were recorded. Exhibits were sent for analysis to Central Forensic Science Laboratory, Kolkata. On completion of investigation, Ranjana was sent for trial for committing offences under Section 302/201 IPC. She was duly charged and brought to trial. The prosecution examined 19 witnesses in all to establish her guilt. In her 313 statement she claimed innocence and pleaded false implication.

(3.) Kumari Durgesh, appellant's daughter, revealed startling facts and disclosed that on 20.03.2004 at about 10.00 P.M. her father and his friend Rajpal consumed liquor in the house. Rajpal left thereafter.