(1.) APPELLANT Amruddin has been charged under Section 302 IPC for murder of his wife Mst. Rehana by strangulating her with a towel/gamcha. He was convicted by the learned Additional Sessions Judge u/s 302 IPC in Sessions Case No. 24/2010 arising out of FIR No. 357/2009 registered with PS Kotwali and sentenced to undergo life imprisonment and fine of Rs.10,000/ -, in default, to undergo further rigorous imprisonment for two years.
(2.) THE factual scenario emerging from the record of this case is that on 22nd December, 2009 at 10:57 p.m., DD No. 39A was lodged at PS Kotwali regarding quarrel in building No. 2077, Gali Paranthe Wali/ Gali Pagri Wali, Chandni Chowk, Delhi. The investigation was entrusted to ASI Chatter Pal (PW22) who, along with Head Constable Kishan (PW17), reached the spot. Meanwhile, on receipt of DD No. 21 B, Inspector I.K. Jha (PW21) along with the staff also reached the place of occurrence where on one side of the room, dead body of a female was lying on the floor with a towel/gamcha tied around her neck. It is further the case of prosecution that Arif (PW7) aged about 14 years, son of the deceased met the police officials and his statement, Ex.PW7/A was recorded on which endorsement, Ex.PW17/A was made and the same was sent to police station on the basis of which FIR Ex.PW4/B was registered. The crime team was called at the place and the room was inspected. Photographs were taken. Site Plan, Ex.PW2/C was prepared. The dead body was sent for post mortem. The accused was ultimately arrested on 4th January, 2010 on the basis of secret information. As per the opinion of the doctor, Rehana died of asphyxia due to ante mortem ligature strangulation. After completing investigation, charge sheet was submitted against the accused. The accused chose to contest the charge u/s 302 of the Indian Penal Code.
(3.) THE learned Trial Court relied upon 10 incriminating circumstances against the appellant which established his guilt and accordingly the accused was convicted and sentenced as aforesaid. Those 10 incriminating circumstances as detailed in para 24 of the judgment are as follows : -
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