KAILASH Vs. STATE

JUDGEMENT

(1.) By judgment dated 04.01.2011, the appellant was held guilty, as charged, for the offence of murder of his wife Saroj in the early morning hours on 09.09.2008 in the premises described as E -133, Indra Park, Najafgarh, New Delhi.

(2.) By order dated 18.01.2011, the trial court awarded imprisonment for life with fine of Rs. 10,000/ -, also directing that in the event of nonpayment of fine, the appellant would undergo simple imprisonment for four months. The benefit of set off under Sec. 428 of the Code of Criminal Procedure, 1973 ("Cr.P.C") was accorded.

(3.) The case of the prosecution, briefly put, was that the appellant was married to Saroj (hereinafter referred to as "the victim" or "the deceased") about three years prior to the incident in question. She had given birth to a girl child, named Ruchi, who was about two years old when Saroj died. The appellant and the deceased with the infant daughter were living as tenants in the aforementioned property which was owned by Ram Chander (PW1). It is the case of the prosecution that Munni Devi @ Geeta (PW11), mother of the deceased, had also taken up residence in a nearby house, in the same locality, in the property owned by Rajesh (PW2). It has come in the evidence of Munni Devi @ Geeta (PW11) that Saroj and two of her siblings were born out of her wedlock with one Laxman. Munni Devi @ Geeta (PW11) had fallen apart from Laxman and later started living with one Mahesh @ Munna. Mahesh @ Munna would also reside with her in the tenanted premises, owned by Rajesh (PW2).