SHASHI Vs. STATE

JUDGEMENT

(1.) The appellant Shashi impugns the judgment dated 7th July, 2011, in case arising out of the charge sheet filed in FIR No.157/2008, police station Nabi Karim, Delhi convicting him for the murder of his wife Kavita on 21st November, 2008 at about 3 P.M. in front of Kharbanda Juice Corner, Multani Dhanda, Nabi Karim, Delhi. By order on sentence dated 14th July, 2011, the appellant Shashi has been sentenced to Rigorous Imprisonment for life and fine of Rs.50,000/-. In default of payment of fine, the appellant is to undergo simple imprisonment for one year. Out of the aforesaid fine of Rs. 50,000/-, Rs. 40,000/- , it is directed, would be paid to Shanti Devi (PW-1), who is the mother of the deceased Kavita as a token of compensation.

(2.) We have heard the learned amicus curiae and the learned counsel for the State. The primary contention raised by the learned amicus curiae is that the testimony of Shanti Devi (PW-1) is not credible and reliable. No reason is forthcoming regarding the absence of any other eye witness despite the incident occurring in a crowded market place. Our attention is drawn to the testimony of Joginder (PW-5), the proprietor of Kharbanda Juice Corner, who did not witness the murder taking place in front of his shop. It is highlighted that as per the CFSL report marked Ex.PW-17/F, blood could not be detected on the knife (Ex.P-2) or the shirt (Ex.P-1) allegedly worn by the appellant. Our attention is also drawn to the arrest memo (Ex.PW-1/D) and it is submitted that Shanti Devi (PW-1) has testified that the appellant was arrested from Ghaziabad and at that time Shanti Devi (PW-1) was not present. The arrest memo (Ex.PW-1/D), it is highlighted, is signed by Shanti Devi (PW-1) as a witness.

(3.) We have examined the contentions raised by the learned amicus curiae, but we do not find any reason or ground to reverse or interfere with the judgment of conviction. Shanti Devi (PW-1), mother of the deceased Kavita and mother-in-law of the appellant Shashi is the complainant and the eye witness. We find her testimony to be credible and reliable. Shanti Devi (PW-1) has truthfully narrated the events, even when they were at some variance with the police version. PW-1 has accepted that the appellant Shashi and her daughter Kavita got married three years ago and after one and a half years of marriage, Kavita gave birth to a baby girl. About six months prior to the occurrence, disputes had arisen between the appellant Shashi and the deceased Kavita. Thereafter, the deceased Kavita had started living with Shanti Devi (PW-1) at AB-241, Amar Puri, Tel Mill Gali, Nabi Karim, Delhi. It is noticeable that the appellant at that time was residing at AB-240, Amar Puri, Tel Mill Gali, Nabi Karim, Delhi. Shanti Devi (PW-1) has deposed that the appellant used to come to her house and threaten Kavita that he would kill her if she would not return to his house.