LAXMAN NARAIN Vs. STATE OF DELHI

JUDGEMENT

(1.) By this criminal appeal the appellant has challenged the judgment and order of the Additional Sessions Judge dated 5.4.2005 in Sessions Case No. 67/2003, arising out of FIR No. 1005/2002, under Section 302/324 IPC, Police Station, Nangloi whereby the learned Judge has held the appellant guilty for the offence punishable under Sections 302 and 324 IPC. Accordingly, by his order dated 8.4.2005, the learned Judge sentenced the appellant to imprisonment for life and a fine of Rs. 5,000/- and in default of fine, six months' RI for the offence punishable under Section 302 IPC as also RI for one year for the offence punishable under Section 324 IPC.

(2.) Brief facts of the case, as have been set down in the judgment under challenge, are that on 18.11.2002 at about 9,15 a.m. at RZA-336, Nihal Vihar, Nangloi, the appellant herein assaulted his wife, Mrs. Rita, with scissor which injury resulted in the death of Rita. It is further the case of the Prosecution that the accused during this act also caused injuries with scissor on the person of his daughter, Miss Nitu.

(3.) The Prosecution, in order to establish its case, examined as many as 20 witnesses. PW-1, Miss Nitu, is the daughter of the deceased and the accused-appellant. She has deposed to the effect that she along with the appellant and her mother, Rita, younger sister, Renu and brother, Rahul, lived together in Nihal Vihar. The accused-appellant was a tailor by profession. On 18.11.2002, when all the family members were present in the house, the accused-appellant, who was not very successful in his business/profession, took to gambling which left Om Prakash, the maternal uncle of this witness, to help the family run the household. This witness goes on to say that the said arrangement could not go on for long, as such Rita along with this witness, her son and younger daughter went to live with the brother of Rita at Ambala. The accused-appellant continued to harass Rita on which she decided to come back to Delhi in August, 2003. This witness also states that there were constant quarrels between the appellant and Rita on account of lack of provisions. She has described the residential accommodation as being one room over the basement with kitchen, latrine and bath room and one shop situated towards the road. The shop in the basement ordinarily remained closed. On 18.11.2002, while the entire family was present in the room of the house, Rita was kneading atta (flour) in a bowl. The accused shouted at Rita as why she was kneading flour in a bowl, to which Rita replied that the quantity of the flour was not enough for her to knead in a larger utensil and that the appellant should bring more flour which can be prepared in a larger utensil. This reply infuriated the appellant who got hold of a scissor from the shop, came back and thrust the same into the stomach of Smt. Rita. Rita shouted for help upon which this witness, her brother and sister tried to intervene. In the process, this witness was also injured by the scissor on the her left arm by the accused. Rita ran outside the house to save herself but the accused-appellant followed her with the scissor. Rita fell down outside the house. At that time, Jasvinder came and he along with this witness took Rita to Sanjay Gandhi Hospital where she was declared dead. Miss Nitu goes on to depose that the Police came to the Hospital and made preliminary inquiry from her and then she went to her house. The Police came to the house and there her statement, Ex. PW-1/A was recorded. Thereafter, she goes on to narrate the steps taken by the Police in furtherance to the investigation and as also the seizure of blood and clothes etc. from the spot. In Court this witness identified the weapon of offence as also the clothes seized. This witness has also stated that a few days prior to 18.11.2002 she had seen a gainti/pick-axe lying in the house. On inquiring from her father, she was told that this would be used to perform a sacrifice. On further inquiry, the appellant told Nitu that her mother would be sacrificed. This gainti was also identified by this witness as Ex.P-10.