GIANSHREE Vs. STATE

JUDGEMENT

(1.) APPELLANT Gianshree impugns the judgment dated 12.10.2009 and the order on sentence dated 23.10.2009 whereby she along with one Dharambir @ Dharmender @ Kala (subsequently held to be a juvenile and released after his conviction was upheld) was convicted for the offence punishable under Section 302/201/34 of the Indian Penal Code, 1860 (IPC). For the offence punishable under Section 302/34 IPC, the appellant was sentenced to undergo imprisonment for life and to pay fine of Rs.1500/ - or in default to undergo Simple Imprisonment for two months. For the offence punishable under Section 201/34 IPC, the appellant was sentenced to undergo Rigorous Imprisonment for three years and to pay a fine of Rs.1,000/ - or in default to undergo Simple Imprisonment for two months. Both sentences were to run concurrently.

(2.) DD No.14 -B, dated 31.08.2004 was recorded in Police Station (PS) Sultan Puri at about 6:35 a.m. to the effect that a dead body was lying in a well near Block No.32, MCD Flats, Sector 20, Rohini, Delhi. SI Devi Singh who was assigned the said DD entry for the purpose of enquiry preceded to the spot along with other police officials. In the meanwhile, PW -23 Inspector Sukhvinder Singh, SHO PS Sultan Puri also followed SI Devi Singh. On reaching the spot, dead body of one Chela Ram was found lying in a well. Crime team and dog squad were requisitioned. The dead body was taken out from the well. On inspection of the dead body, serious injuries were noticed on its neck, chest and chin. The clothes worn on the dead body were stained with blood. Sudha (PW -20), the elder daughter of deceased Chela Ram met PW -23 and gave her statement Ex. PW -20/A. The statement is translated in English in the opening paragraph of the impugned judgment which is extracted hereunder: -

(3.) ON appellant pleading not guilty to the charge, the prosecution in order to establish its case examined 24 witnesses. Gautam (PW -19), Sudha (PW -20) and Madhu (PW -21) were set up as eye witnesses to the incident. The prosecution also examined Insp. Sukhvinder Singh (PW - 23), Lady Constable Anita (PW -12), Constable Rakesh (PW -18) and the other police officials as the witnesses to the disclosure statements and recoveries in pursuance thereof.