PARVEEN RANA Vs. STATE

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of the learned Trial Court dtd. 6/6/2018 by which the appellant was held guilty for murder of one Neha (deceased) who was the wife of the appellant. The appellant also impugns the order on sentence dtd. 8/6/2018 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.50,000.00 in default whereof simple imprisonment for two years for offence punishable under Sec. 302 of the Indian Penal Code, 1860 (IPC).

(2.) Brief facts of the case are that the appellant was the husband of the deceased and that the appellant used to fight with the deceased and on 2/3/2017, the appellant made a call to his brother Manjeet Rana and confessed his crime and told him 100 par phone kar de, maar di maine uppar padi hai va theek hai. On hearing this, Manjeet Rana (PW-2) woke up his mother Sushila and asked her to come with him upstairs to see if the appellant and the deceased have fought again. On the second floor, he saw the deceased lying on a double bed in her room with a blanket on her face and after removing the blanket he saw her throat cut and that she was covered with blood. Manjeet and Sushila came downstairs and told everything to his father Satbir Singh Rana who made a call at number 100 from his mobile No.9811773332, which was recorded vide DD No.11A and was marked to SI Suresh Chand (PW-36). The deceased was taken to the hospital by the PCR van and in the meanwhile, SI Suresh Chand along with HC Rajender reached H. No.200, 2nd Floor, where there was one room and in the said room one double bed was lying and blood was found on the bedding of the double bed. Statement of Manjeet Rana (Ex.PW-36/A) was also recorded. The deceased was declared dead at the hospital at 9.42 AM and the dead body was preserved at the mortuary at the BSA Hospital and was sent for post-mortem examination.

(3.) Dr.Mukesh Kumar (PW-37), along with Dr.Vijay Dhankar and Dr.Brijesh Naraian Singh conducted the post-mortem examination on the body of the deceased on 2/3/2016 and prepared his report Ex.PW-37/A. He opined: