JAI KARAN YADAV Vs. STATE

JUDGEMENT

(1.) KAUSHALYA Yadav (deceased) was the wife of the appellant. Learned counsel for the appellant does not dispute said fact. Kaushalya Yadav was injured in her matrimonial house on July 14, 2010 at 10:30 PM and appellant was present in the house is a fact not disputed by the appellant. The fact that the appellant was present in his house when his wife was injured is proved by the MLC Ex.PW -5/A of Kaushalya Yadav which records that at 12:05 i.e. soon after midnight on July 15, 2010 the appellant took his wife in an injured condition to Babu Jagjivan Ram Hospital where she was declared dead.

(2.) APPELLANT 's MLC Ex.PW -4/A records that at 2:25 PM on July 15, 2010, when appellant was examined bruises over the lower back were noted.

(3.) KHUSHI was aged 7 years when she made her statement soon after the incident at which her mother was injured. There is no evidence that Khushi was tutored to make the statement.