DHANPAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Dhanpal is aggrieved by the judgment dated July 08, 2010 convicting him for offences punishable under Section 302 and 452 IPC for the murder of Smt. Shashi Kala by repeatedly stabbing her and illegal trespass. He is also aggrieved by the order on sentence dated July 24, 2010 directing him to undergo imprisonment for life and to pay a fine of Rs. 30,000/- and in default to undergo 6 months simple imprisonment for offence punishable under Section 302 IPC, and the fine if realized to be given to the son and husband of the deceased in equal proportion and rigorous imprisonment for a period of 7 years and a fine of Rs. 7000/- and in default of payment of fine 1 month simple imprisonment for offence punishable under Section 452 IPC.

(2.) Dhanpal assails the judgment on the ground that there are material discrepancies in the testimony of the prosecution witnesses. No motive has been imputed to Dhanpal for committing the murder of his own sister-inlaw. Despite the case of the prosecution being that number of persons had gathered from the locality at the house of the deceased, however none of them was examined.

(3.) Though no defence evidence has been led, the explanation of Dhanpal in his statement under Section 313 Cr.P.C. is of false implication by the husband of the deceased as he wanted to get all the ancestral properties and that he earlier also implicated Dhanpal in a false case in which he had been acquitted.