PRADEEP SHAH Vs. STATE

JUDGEMENT

(1.) In view of the testimony of Sangeeta PW-5 and Smt.Devki Devi PW- 6, finding corroboration from the testimony of Raj Kumar PW-1 and Smt.Kalpana Devi PW-2 and the fact that the appellant absconded after the incident, vide impugned decision dated December 02, 2008, the appellant has been convicted for the offence of having murdered his sister-in-law Gauri Devi.

(2.) The only contention urged at the hearing of the appeal today is that DD No.3 Ex.PW-7/A, records that the informant has informed that near Khanna Market, Mithai Pul, near animal hospital, the artery of the neck of a man has been cut (aadmi ke gale ki nas kaat di hai); and whereas Gauri Devi died due to head injuries.

(3.) We fail to understand the logic of the said argument for the reason the informant is Chandan PW-7 who has deposed that appellant was a habitual drunkard and was residing in a jhuggi opposite that of his uncle Raj Kumar. Deceased Gauri Devi was the wife of Raj Kumar and was the real sister of Kalpana Devi. At around 12.00 mind-night, on the intervening night of May 30, 2008 and May 31, 2008, after consuming alcohol the appellant returned to his jhuggi and abused his wife because she did not open the door. Deceased Gauri Devi was sleeping outside his jhuggi with Deviki Devi i.e. his mother. He was sleeping at a distance of 5-10 meters away. He heard cries. He rushed to the spot and saw appellant running from there. Blood was oozing from the head of Gauri Devi whom he took to St.Stephen's Hospital using a hand-cart nearby and also informed the police over the number 100.