RAJESH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Appellant Rajesh assails conviction for having committed the murder of his wife Sheela during the night intervening 12th and 13th March, 2008, in the rented accommodation consisting of a room located at A -714, Mangol Puri, Delhi. The impugned judgment dated 20th July, 2013, arises from charge -sheet filed in FIR No. 137/2008 under Sec. 302 of the Indian Penal Code, 1860 (IPC, for short), registered at the police station Mangol Puri. By order on sentence dated 1st August, 2013, the appellant has been sentenced to imprisonment for life, fine of Rs. 5,000/ - and in default of payment of fine to undergo simple imprisonment of six months. Sec. 428 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short), it is observed, would apply.

(2.) Undisputed relevant facts may be first noticed and taken on record. The appellant accepts incontrovertible prosecution evidence on record that he had taken a room on rent in the aforesaid house from the landlady Geeta (PW1) and there he, his deceased wife Sheela and minor daughter would reside. As noticed below, the appellant, however, professes that he was not in Delhi having gone to his native village a day prior to the date of occurrence.

(3.) MLC of Sheela marked Ex.PW22/A records that she was brought to Sanjay Gandhi Memorial Hospital, Mangol Puri at about 12.35 a.m. on 13th March, 2008 with an endorsement recording alleged history of burns from a bursted stove as stated by the patient. We would refer to the MLC of Sheela marked Ex.PW22/A subsequently in detail, but would at this stage record that the deceased Sheela was examined by Dr. Munish Kumar (PW23) who had made the above endorsement. On 13th March, 2008 itself, Sheela was referred to LNJP Hospital, where she was examined by Dr. Yuvnish Bhardwaj (PW24) at 2:45 a.m. and declared fit for statement vide endorsement made on MLC marked ExPW2/A.