NAVI Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of learned Trial Court dtd. 8/5/2018 whereby the appellant was held guilty for murder of one Gudiya ('deceased'). The appellant also challenges the order on sentence dtd. 17/5/2018 whereby the appellant was directed to undergo rigorous imprisonment of life along with Fine of ?5,000/- in default whereof, simple imprisonment for 1 year for offence punishable under Sec. 302 of the Indian Penal Code, 1860 ('IPC').

(2.) Brief facts of the prosecution case are that on the intervening night of 15th-16/4/2017, at about 1.50 AM, the appellant came to ASI Bishan Singh (PW-6) and ASI Dharam Chand (PW-7) who were at picket duty at Mukandpur Chowk and informed them that he had strangulated the neck of his bhabhi/deceased by chunni and killed her. This information was passed to the PCR Incharge ASI Jagdish who passed the information to duty officer Rang Bahadur (PW-5), which was recorded vide DD No.7A (Ex.PW-5/A) and was marked to ASI Om Prakash (PW-12), who reached the Mukandpur Police Post where ASI Bhishan Chand and ASI Dharam Chand produced the appellant before him. Thereafter, ASI Om Prakash along with the appellant went to the spot i.e. H.No.648, B-Block, Gali No.16, Mukandpur Part-I, where dead body of one female with a chunni around her neck was found on the staircase of the first floor of the house. Crime team was called at the spot and exhibits were seized and thereafter, the dead body was sent to the mortuary at BJRM Hospital. Statement of the husband of deceased Ramjani (PW-11) was recorded (Ex.PW-11/A) on which rukka (Ex.PW-12/A) was prepared and FIR No.247/2017 dtd. 16/4/2017 under Sec. 302 IPC was registered at PS Bhalswa Dairy (Ex.PW-5/B). After interrogation, the appellant was arrested vide arrest memo Ex.PW-9/E and his disclosure statement (Ex.PW-9/G) was recorded. Thereafter, the dead body was sent for post mortem examination.

(3.) Dr. Niranjan Kumar Gunjan conducted the post mortem examination on the dead body of the deceased on 16/4/2017 and tendered the post mortem report Ex.PX. It was opined: