SHIVAM SINGH Vs. STATE

JUDGEMENT

(1.) By this appeal, the appellant challenges the judgment of learned Trial Court dtd. 27/5/2019 whereby the appellant was convicted for murder of his wife Arti ('deceased'); and also the order on sentence dtd. 4/6/2019 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 17/4/2015 at about 9.00 AM, Geeta Devi (PW-1), who was the mother of the deceased, went to meet her daughter/deceased, who was residing with the appellant in a rented room at H.No. RZ-311/B, Gali No.20, Tughalakabad Extn. When she reached the said room, she could not find her daughter on which she sought help of the landlord Rohit Kumar Sharma (PW-3) of the house to find her daughter/ deceased. The room was thereafter, opened with the spare key, and inside the room, her daughter/deceased was found lying dead, her body covered with a bed sheet and foul smell coming inside the room. Thereafter, PW-3 made a call to the police at number 100 and the information was recorded vide DD No. 6A, on which SI Rishi (PW-12) along with Ct.Munesh (PW-10) reached the spot. Crime team as well as the SDM of the area were called at the spot. Tehsildar Ajit Chaudhary reached the spot. The dead body was sent to the mortuary at AIIMS. SI Rishi took Geeta Devi and Shyam Singh, parents of the deceased, to the office of Shri Ajit Chaudhary where statement of Geeta Devi (Ex.PW-1/A) was recorded. Thereafter, rukka (Ex.PW-12/A) was prepared by SI Rishi on which FIR No.525/2015 dtd. 17/4/2015, under Ss. 498A/304B IPC at PS Govind Puri was registered (Ex.PW-2/A). In the meanwhile, IO/Insp. Sunil Kumar (PW-19) had also reached the spot and had seized the article from the room (Ex.PW-12/D). The dead body was sent for post-mortem examination on 18/4/2015, and the appellant could not be found anywhere in Delhi. It was later found that the appellant was a resident of Bareilly, and thereafter, a team of police officials led by SI Abhishek was sent to Bareilly, who arrested the appellant on 24/4/2015 (Ex.PW-7/A) and brought him to Delhi. Disclosure statement of the appellant was also recorded (Ex.PW-12/G). And after completion of investigation, charge-sheet was filed and the appellant was charged for offences punishable under Sec. 302 and 498A IPC. And to prove its case, the prosecution examined 20 witnesses.

(3.) Dr. Abhishek Yadav (PW-11) conducted the post-mortem examination on the dead body of the deceased on 18/4/2015 and tendered his report (Ex.PW-11/A) and opined 'on dissection of neck, greater cornu of hyoid on the right side is fractured, associated with hematoma. Hematoma is also present along the carotid sheath of the right side at the level of hyoid cartilage. Neck musculature is intact.' He further opined 'Uterus enlarged. Male fetus of length 19 cm (about 4 month gestational age) is present.' Further, time since death as opined to be about two days and it was clarified during his examination-in-chief that 'internal neck findings in postmortem report were suggestive of compression of neck due to strangulation".