WAZIR CHAND Vs. STATE OF NCT

JUDGEMENT

(1.) By the impugned judgment dated 15th January, 2014, the appellantWazir Chand stands convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for having committed murder of his second wife Kela Devi. By order on sentence dated 10th February, 2014, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.10,000/-. In default of payment of fine, he shall undergo rigorous imprisonment for three months. Benefit of Section 428 of the Code of Criminal Procedure, 1973 has been granted.

(2.) The undisputed position emerging from the testimony of the witnesses, namely, Dharamvir (PW-1), son of Kela Devi from her first husband Om Prakash, Renu (PW-2) minor daughter of the appellant and the deceased Kela Devi, Davinder Singh (PW-3), Ram Rattan (PW-4), Salochana (PW-5) and Rachna (PW-7) is that the deceased Kela Devi and Santosh, two sisters, were married to two brothers, Om Prakash and the appellant-Wazir Chand. Some time back, Santosh who was married to appellant-Wazir Chand, left the house without informing anyone and did not return. Om Prakash expired and after his death, Kela Devi got married to Wazir Chand and started living with him. Renu (PW-2) was their minor daughter, who used to live and reside with them. The appellant-Wazir Chand and the deceased-Kela Devi were working as safai karamchari with the MCD. There is some dispute whether Santosh, the first wife of the appellant-Wazir Chand was still in touch with the children and was maintained by the appellant-Wazir Chand. We shall be referring to the said dispute subsequently.

(3.) In order to decide and adjudicate the contentions raised, we have deemed it appropriate to examine the evidence in some detail.