RAJESH PARKASH BHATNAGAR Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence recorded by an Addl. Sessions Judge, Delhi against the appellant under section 302 Indian Penal Code sentencing him to imprisonment for life.

(2.) The appellant was sent up for trial for having committed the murder of his wife, Laxmi by manual strangulation. The motive for murder is the suspected infidelity. The incident is dated the night intervening 19/20th February 1981 and the place of incident is a room in premises No. 142-A Jagatpuri, New Shahdara, Delhi. The appellant along with his wife had shifted to that place about a week earlier to the date of incident. This premises is a two roomed tenement and one of the rooms on the date of incident was in the occupation of one Khem Chand Public Witness 2 who was residing in it along with his wife and children. FIR came to be registered at 11.30 a.m. on 20-2-1982 in pursuance of a statement of Khem Chand Public Witness 2 recorded by Shoban Singh S.I. Public Witness 10. The prosecution case further is that while PW 2 Khem Chand and Public Witness 4 Parmal were on their way to inform the police they came across Public Witness 10 Shoban Singh S.I. just at a little distance from the place of incident and it was there that Public Witness 2 Khem Chand made a statement disclosing the facts leading to the incident. The facts are a few and limited and and are unfolded by Public Witness 2 Khem Chand.

(3.) Khem Chand Public Witness 2 stated that on the date of incident near about mid-night while he was sleeping in his room he was awakened as the appellant had picked up quarrel with his wife. He heard them exchanging abuses and also heard the appellant asking his wife to stop calling her paramour. Since his sleep was disturbed, he asked the appellant noto disturb the neighbours. Soon thereafter there was lull. Next morning when he got up at about half past seven he saw the appellant outside the room and again enquired from him as to why he was disturbing them by quarrelling with his wife at odd hours of the night. The appellant is stated to have replied by saying that he has done away with the cause of quarrel. Public Witness 2 Khem Chand then looks inside the room of the appellant and found Laxmi dead on the cot. He informed the neighbourers, one of them being Public Witness 4 Parmal. The accused was caught on spot.