RAM TEJ Vs. STATE

JUDGEMENT

(1.) By way of this appeal, the appellant challenges the judgment of learned Trial Court dtd. 2/5/2018 whereby the appellant was convicted for committing rape and murder of "A" (deceased). The appellant also challenges the order on sentence dtd. 30/5/2018 whereby the appellant was directed to undergo imprisonment for life for offences punishable under Ss. 302 and 376A of the Indian Penal Code, 1860 ("IPC"), and for both these offences the appellant was directed to deposit a fine of Rs.10,000.00 each in default whereof to undergo simple imprisonment for six months. Appellant was also directed to undergo rigorous imprisonment for one year along with fine of Rs.2,000.00 in default whereof simple imprisonment for one month for offence punishable under Sec. 404 IPC.

(2.) Brief facts of the case are that on 9/1/2015 when the deceased did not return back home, her husband Bansidhar Gupta (PW-8) called the police at number 100 and lodged a missing report which was recorded vide DD No.3A (Ex.PW-10/A), at PS Fatehpur Beri on which SI Arun Kumar (PW-14) met PW-8 and tried searching for the deceased but the deceased could not be found. Thereafter, as PW-8 did not go to the police station, PW-14 lodged DD No.12B (Ex.PW-14/A) at 5.10 AM on 10/1/2015 containing the physical description of the deceased and the clothes worn by her at the time when she left the house. On the other hand, at about 8.00 AM Jai Kishan (PW-4), who was working as a chowkidar at DDA Land, old Nursery, Ghitorni saw dead body of a lady in a half-naked condition near metro pillar No.41 on which he made a call to the police at number 100 which was recorded vide DD No.8A (Ex.PW-13/A), at PS Vasant Kunj (South). On receipt of this information, PW-8 along with the police officials of PS Fatehpur Beri and Vasant Kunj (South) rushed to the spot where the dead body was identified as the wife of PW-8. On the basis of DD No.8A, rukka (Ex.PW-38/A) was prepared and FIR No.30/2015 dtd. 10/1/2015 under Sec. 302 IPC (Ex.PW-11/B) was registered at PS Vasant Kunj (South). The dead body was sent to mortuary at AIIMS where the post-mortem was conducted. Crime team was called at the spot and the articles lying around the body were seized.

(3.) Dr.Abhishek Yadav (PW-5), constituted a medical board pursuant to an application made by Insp. Mahesh in this regard, which conducted the post-mortem examination on the dead body of the deceased on 11 th January, 2015 which tendered its report Ex.PW-5/C and opined: