MAYA Vs. STATE

JUDGEMENT

(1.) This criminal appeal arises out of a judgment and order on sentence passed by the Additional Sessions Judge, Delhi whereby the appellant has been convicted of an offence of murder punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and a fine of Rs. 1,000/-. In default of payment of the fine the appellant has been sentenced to undergo simple imprisonment for.a period of 15 days.

(2.) Briefly stated, the prosecution case is as under:-

(3.) At about 3 a.m. on the night intervening 9th and 10th of March, 2001, Police Station, Okhla Industrial Area, Phase-II, New Delhi received a telephonic information about a quarrel having taken place in House No. F-16, Harkesh Nagar, New Delhi within the limits of the said police station. The information was recorded in D.D. No. 36 of the said police station and PW-11 Head Constable Kishan Lal deputed to Visit the spot for necessary action. On reaching the spot, the said witness found a dead body lying in the room near the door of House No. F-16, Harkesh Nagar, New Delhi. A bottle of liquor containing some liquor in the same and a glass were also found on the table in the room apart from two kitchen knives stained in blood near the dead body. Blood was found on the floor as well as on the walls. The appellant Maya Devi was present in the room in a semi-conscious stage along with her child. Her clothes were blood stained and her face and head bore injury marks. PW-12 S.I. Sunil Kumar also reached the spot after being informed by PW-11 Kishan Lal. The appellant was sent to the hospital along with the. child. Statement of PW-1 Mohd. Shamim was recorded and sent to the police station along with an endorsement marked Ex. PW12/1 through Constable Vivekanand for registration of a case. On receipt of the statement recorded by SI Sunil Kumar, FIR No. 139/01 was registered in the police station for the commission of an offence under Section 302 of the IPC and investigation started.