AJAY DURLABH Vs. STATE

JUDGEMENT

(1.) By way of this appeal, the appellant challenges the judgment of the learned Trial Court dtd. 20/8/2018, whereby the appellant was convicted for murder of one Rita ( "deceased ") by strangulation; and also the order on sentence dtd. 11/9/2018 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.1,000.00 in default whereof, simple imprisonment for one month for offence punishable under Sec. 302 of the Indian Penal Code, 1860 ( "IPC ").

(2.) Brief facts of the case are that on 17/6/2014 at about 1.10 PM, an information was received at PS Govindpuri that a murder has been committed at H.No.204A, First Floor, Gali No.3, Govindpuri and the same was recorded vide DD No.13A which was marked to SI Hukum Vir Atri (PW-5), who on reaching the spot met two persons namely Ms.Rumki Halder (PW-14) (addressed as "Rinki " by some witnesses) and Mr.Shakti Sharma (PW-1) who told SI Hukum Atri that a dead body of their friend Rita was lying in the room adjoining to their room. The dead body was inspected and a cable wire was found tied around the neck of the body, and in the kitchen, a mixer-grinder was lying with its wire cut. On enquiry, it was found, that the deceased used to reside with her friend/ appellant who was a resident of West Bengal. Thereafter, rukka (Ex.PW-17/A) was prepared by IO/Insp. Anand Swarup, on which FIR no. 645/2014 dtd. 17/6/2014 under Sec. 302 IPC at PS Govind Puri (Ex.PW-2/B) was got registered. The dead body was sent for post-mortem examination to mortuary at AIIMS Hospital.

(3.) Dr.Mantaran Singh Bakshi (PW-11) conducted the post-mortem examination on the dead body and tendered his report (Ex.PW-11/A) and opined: "INJURIES