ANUP JOSHI Vs. STATE

JUDGEMENT

(1.) On 28.06.1996, Anju Mehta, wife of the appellant, aged about 23 years suffered homicidal death some time before 8.45 AM in a tenanted room in occupation and use as residence of the couple in House no.159, Village Dhaka within the jurisdiction of Police Station Mukherjee Nagar ("the police station"). Around the same time and at the same place, the appellant also suffered, amongst others, three clean incised wounds near umbilicus over the abdominal region causing the omentum (fold of peritoneum connecting stomach with other viscera) to come out. The first information report (FIR) (Ex.PW -10/A), registered at 12.05 PM by head constable Kamini (PW -10) on 28.06.1996, on the basis of rukka (Ex.PW -11/A) sent by head constable Satyabir Singh (PW -11), founded on the statement of Devender Kumar (PW -9), a neighbour, resulted in investigation and report under Sec. 173 of Code of Criminal Procedure, 1973 (Cr.P.C) dated 23.09.1996 being submitted. It led to the appellant being put on trial in sessions case no.74/1997 on the charge for the offence of murder of Anju Mehta under Sec. 302 of Indian Penal Code, 1860 (IPC) and for attempted suicide under Sec. 309 IPC.

(2.) By judgment dated 29.11.1999, the appellant was held guilty, as charged, on the basis of circumstantial evidence primarily relying on the fact that the tenanted room where the incident had occurred had been found bolted from inside with no one other than the appellant and his wife (the deceased) present there. By order on sentence passed on 30.11.1999, the trial court awarded imprisonment for life with fine of Rs. 50,000/ - for the offence under Sec. 302 IPC and rigorous imprisonment for one year with fine of Rs. 1,000/ - for the offence under Sec. 309 IPC. It was directed that in case of default in payment of fine, the convict shall undergo further simple imprisonment of five years and one month respectively. The benefit of Sec. 428 Cr.P.C. was accorded.

(3.) Aggrieved with the judgment and the order on sentence, the appeal at hand was preferred. The sentence was suspended and the appellant released on bail pending adjudication on the appeal by order dated 23.01.2003.