SANJAY @ VICKY Vs. STATE

JUDGEMENT

(1.) SANJAY @ Vicky is convicted for the murder of his wife vide the impugned judgment dated August 18, 2010 and directed to undergo imprisonment for life and to pay a fine of Rs. 20,000/ - vide the impugned order dated August 27, 2010.

(2.) LEARNED counsel for the appellant assailing the judgment contends that the testimony of PW -2 Smt.Sudama is not sufficient to convict the appellant as according to her she had seen the appellant along with the deceased at 11.00 PM on October 06, 2008 and the dead body was recovered in the morning on October 10, 2008. Thus the time gap between last seen and the recovery of the dead body being too much, her having seen the appellant with the deceased on October 06, 2008 does not make her a witness who had lastly seen the two together soon before the incident. The questions under Section 313 Cr.P.C. have not been properly put. The plea of absconsion and false defence in the explanation under Section 313 Cr.P.C. cannot be used against the appellant. The chain of circumstantial evidence not being complete, the appellant cannot be convicted for the murder of his wife. The appellant has stated that he was not in Delhi at the relevant time however his defence has not been looked into. Reliance is placed on the decisions Dasari Siva Prasad Reddy Vs. Public Prosecutor, High Court of A.P., 2004 11 SCC 282 and State of U. P. Vs. Lakhmi, 1998 4 SCC 336 .

(3.) THE defence of Sanjay in his statement under Section 313 Cr.P.C. is as under: "I am innocent and falsely implicated in this case. In the evening of 5th October 2008 I had gone to Kela Devi temple at Rajasthan leaving Sangeeta at her home at Trilok Puri 34/459 by bus from Sarai Kalyen Khan. Thereafter, after staying for 5/6 days, I had left the Kela Devi Temple for Haridwar for twelve days in Dharamsala at Rishikesh road. On 22.2.2008 I had called Dhwani Kumar on his phone from Haridwar. After hearing I shocked. Thereafter, I had shifted to Tulianand Dharamsala at Haridwar. There I stayed for three days and vacated the same because I had no money and I had wondered on the road. I could not decide what I had to do. However, I had decided on 3rd November 2008 that I had to surrender."