RAMESH Vs. STATE

JUDGEMENT

(1.) BY the impugned judgment dated 27.02.1999, appellant Ramesh has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of his wife Krishna @ Radha in the intervening night of 17 -18.01.1996. The appellant has been sentenced to imprisonment for life with fine of Rs.2,000/ - and in default/failure to pay fine, to undergo rigorous imprisonment for three months.

(2.) BODY of an unidentified woman was found in a pond at about 9:00 a.m. on 18.01.1996 by Ami Chand (PW -9). He has deposed that he had gone to his agricultural fields, situated near Bishamber Dass Ashram. There in a pool, he saw a dead body of a woman and informed the police on telephone no.100. On the basis of his statement, rukka Ex.PW -9/A and FIR No.37 of 1996, under Section 302/201 IPC, Police Station Trilokpuri was recorded. PW -9 has deposed that near the pond in question, one salwar, one ladys kameej (shirt), one chuni, one blouse, one frock of a child, one plastic thaili, two pieces of strings (nara), one ladys purse, one pair of plastic chappal, two pieces of leather belt without buckle, some broken bangles were recovered. A ladys purse with Rs.10/ -, a few written papers, a key and an envelope containing the photograph of the deceased and other articles were seized vide Ex PW9/B. Ami Chand (PW -9) has, however, not stated and deposed as to presence of a girl child, aged about 1 -2 years near the place, where the dead body was recovered.

(3.) HEAD Constable Suraj Bhan (PW -11) conducted investigation along with Inspector R.P. Tyagi (PW -13). PW -11 has deposed about a dead body and recovery of various articles but has not deposed about the presence of the baby child.