HANS RAJ @ SONU Vs. STATE

JUDGEMENT

(1.) Hansraj @ Sonu impugns judgment dated 6 th June, 2011, convicting him for murder of his wife Santosh in the intervening night between 16th and 17th April, 2009, in the tenanted room located on the ground floor of House No.A-5, B Block, Gali No.11, near Geeta Bhawan Mandir, Badli Extension, Delhi. By the order on sentence dated 6 th June, 2011, the appellant has been sentenced to life imprisonment along with fine of Rs. 5,000/- for the offence under Section 302 of the Indian Penal Code, 1860 ("IPC" for short). In default, the appellant has to undergo simple imprisonment of two months. Benefit of Section 428 of Code of Criminal Procedure, 1973 (Cr.P.C., for short) is directed to be given.

(2.) The post-mortem report of Santosh marked Ex.PX establishes homicidal death as a result of multiple incised wounds, about nine in number, of which two were sufficient to cause death in the ordinary course of nature. The cause of death as opined was hemorrhagic shock consequent upon injuries to the heart and liver by a sharp, cutting and penetrating weapon. Injuries No.3 and 8, i.e. incised penetrating wound 3 x 1 x 2 cm with tailing at upper angle of wound, placed vertical over midline about 7 cm belowsterna notch and the incised wound penetrating wound 3 x 1.8 cm on right side chest at mid clavicular line about 1 cm above lower costal margin, were sufficient to cause death in ordinary course of nature, individually or collectively. The injuries were ante-mortem in nature

(3.) On the question of date and time of the occurrence and involvement of the appellant, we have the testimonies of Master Rishi (PW-3) and Raj Kumar (PW-4), in addition to the assertions by the police witnesses who had reached the place of occurrence immediately after the violence had occurred. Master Rishi (PW-3), son of the deceased and the present appellant, was above five years of age at the time of occurrence and seven years of age when his court testimony was recorded on 10.02.2011. Master Rishi (PW-3) claims and asserts that he was sleeping in the room where the occurrence took place with his mother Santosh. His father came at night and started quarrelling with his mother. His father was drunk and had abused his mother using filthy language. He had seen his father stabbing his mother after catching her hair. He had hidden under the bed as he was afraid that he too would be killed. The appellant had stabbed his mother four times with a knife and thereupon, his mother had fallen down. His mother had shouted for help and some persons had chased the appellant. The said persons had come after hearing the cries of his mother and had opened the door of the room. His father had then fled away. He identified his father i.e. the appellant Hans Raj who was sitting in the Court when his deposition was recorded on 10th February, 2011.