PAWAN KUMAR Vs. STATE

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of learned Trial Court dtd. 19/9/2018 whereby the appellant was held guilty for murder of his wife Meena ("deceased") by slitting her throat with a knife and also the order on sentence dtd. 26/9/2018 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of ?20,000/- in default whereof, rigorous imprisonment for 1 year for offence punishable under Sec. 302 of the Indian Penal Code, 1860 ("IPC").

(2.) Case of the prosecution is that on 12/4/2014, at about 4.00 AM, the appellant made a call to the police from mobile No.8750988081 and informed that "mene apni aurot ka murder kar diya hai jiska naam Meena hai" which was recorded in the PCR form (Ex.PW-4/A), pursuant to which, ASI Garib Das (PW-22) along with staff reached Gali No.15, Sudamapuri and started searching for house as the house number was not provided by the caller/appellant. Thereafter, ASI Garib Das talked to the caller/ appellant and when he reached house No. C-44/300, he was asked to come inside and on the second floor of the house, ASI Garib Das met the appellant and also found dead body of a female lying in a naked condition. Appellant produced the knife with which he stated to have committed the murder of his wife/ deceased from under the pillow of his bed which was seized (Ex.PW-29/B). Crime team was called at the spot. IO/Insp. Mahavir Singh (PW-31) prepared the rukka and got the FIR No. 343/2014 dtd. 12/4/2014 under Sec. 302 IPC at PS New Usmanpur (Ex.PW-12/B) registered. Dead body was sent for post mortem examination to GTB Hospital and the appellant was arrested by the IO/ Insp. Mahavir Singh (PW-31).

(3.) Dr. Neha Gupta (PW-15) at the GTB Hospital conducted the post mortem examination on the deceased and tendered her report (Ex.PW-15/A) and opined: