KULDIP SHARMA Vs. STATE

JUDGEMENT

(1.) The appellant Kuldip Sharma, S/oSh.VyasDev Sharma has been convicted by an Additional Sessions Judge, New Delhi for offence under Section 302 Indian Penal Code for having committed the murder of his wife Neelam on the night of 1.12.85 by strangulation, vide judgment dated 12.5.89 and vide separate order of sentence, he has been sentenced to life imprisonment. Being aggrieved, he has come in appeal.

(2.) Briefly, the prosecution case is that the deceased Neelam along with her husband, the accused, had been living in a room on the 2nd Floor of Quarter No.34C/ 1, Railway Colony, Punjabi Bagh, This was a Government flat having been allotted to one Satapal being an employee of the Railways. It consisted of 2 rooms, verandah one kitchen, bath etc. The said allottee had let out the said premises to one Rajender Prasad. Sh.Rajender Prasad along with his wife Smt.Chandra Kala (complainant) was living in one room, verandah and kitchen while other room had been let out to the accused where he and deceased, his wife, were living together.

(3.) However, the wife of the accused had been staying with her parents at Ambala for about 1 1/2 months before 27.11.85 when the accused brought her to Delhi in the house in question. Quarrel had taken place between the husband and wife on that day 2-3 times and he had also slapped her. In the night of 1.12.85, before going to sleep, a talk had taken place between the accused and Smt.Chander Kala, wife of Sh.Rajender Prasad, living in the other room, about the movie which Chander Kala had seen on the television elsewhere. After the talk, the accused and his wife had taken meal together and then went to sleep in their room. On the next morning Smt.Chander Kala, complainant woke up at about 7 A.M. and noticed that the main gate of her flat was lying open and at about 12 noon, she realized that Kuldip Sharma (accused) and his wife had not come out even to use the bath room whereas they generally used to get up in the morning. She had also not heard any voice from their side. She slightly opened their door and noticed that Neelam was lying in sleeping position on a Dewan. She called Neelam but there was no response. Only her mouth was visible and the other body was covered with quilt. She realised that she was dead and then she contacted her husband on telephone in his office who came at about 4.30 P.M. along with their landlord Sh.Satyapal S/o Sh.Badri Nath who was residing at J-116, Kirti Nagar. They also noticed that Neelam was dead and then gave information to the police.