AJAY TIWARI Vs. STATE

JUDGEMENT

(1.) Vide this appeal, the appellant assails the judgment dtd. 26/10/2018 ('impugned judgment' in short), whereby he was convicted for the murder of his wife and order on sentence dtd. 2/11/2018, whereby the appellant was sentenced to life imprisonment under Sec. 302 Indian Penal Code, 1860 ('IPC' in short) with fine of Rs.10,000.00, in default to undergo simple imprisonment for six months.

(2.) Briefly stating, case of the prosecution is that on 29/8/2013 at 07.35 a.m., a PCR call was received at PS Farsh Bazar that a lady has been hanged by her family, which was recorded vide DD No.9-A (Ex.PW17/C). ASI Sarfuddin (PW-18) along with Ct. Praveen (PW-10) was deputed on the said call. Inspector Rohtash Kumar (PW-23), Investigating Officer (IO) along with other police staff also reached the place of occurrence, which was about 50-60 meters away from the police station. Aman @ Raja (PW-3), minor son of the deceased, who was the eye witness of the incident was present at the scene of crime but could not give his statement as he was in great shock. Crime team was called, which inspected the scene of crime, photographs of scene of crime were taken. One Sh. Shashikant Pandey- son in-law of deceased (PW-2) was also present there and IO recorded his statement, prepared rukka (Ex. PW-17/A) and got the FIR (Ex. PW-17/B) registered. Exhibits from the spot were lifted. Green colour rope having been untied from the neck of the deceased Mamta and from the cot were sealed and seized. Postmortem was got conducted. PW-20 Dr. A.S. Bajwa reported and opined vide post-mortem report (Ex. PW-20/A) as under :

(3.) The prosecution in order to prove its case examined 23 witnesses.