ROHIT @ MONA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The appellant stands convicted, as charged, by judgment dated 21st March, 2016 of Court of Sessions for offences punishable under Sections 302 and 324 of Indian Penal Code, 1860 (IPC) upholding the prosecution case that at about 6:15 p.m. on 20th August, 2011 on the terrace above Flat No.C-27/28, Kingsway Camp, Delhi within the jurisdiction of Police Station Mukherjee Nagar, he committed the murder of Rajvinder Kaur (the deceased) by intentionally inflicting multiple stab wounds and also having voluntarily caused hurt to Nisha (PW-2) by stabbing her with a sharp cutting instrument (knife). By order on sentence passed by the learned trial judge on 31st March, 2016, sentence of imprisonment for life with fine of Rs. 1,00,000/- was awarded for offence under Section 302 IPC besides rigorous imprisonment for six months with fine of Rs. 15,000/- for offence under Section 324 IPC. By the appeal at hand, the appellant (convict) seeks to assail both the judgment and the order on sentence.

(2.) Certain basic facts in the background of the incident which is subject matter of the case and those leading to the conviction, proved at the trial by evidence which is incontrovertible or beyond dispute, may be taken note of at the outset.

(3.) Rajvinder Kaur (the deceased) was 21 years old unmarried daughter of Shakuntla (PW-6), she being one of the five children born from her wedlock with late Shri Sadhu Singh. PW-6 worked for gain as a midwife in a private hospital and would treat the father of Kuldeep (PW-17) as a foster brother. She statedly lived as a tenant in Flat No.C-10, I.D. Hospital, Kingsway Camp, Delhi, sharing accommodation with PW-17 and rest of his family. Though questions were raised during trial as to the terms on which she was living in the said household, lack of clarity in this regard is not of any consequence in as much as the fact that she was living in Flat No.C-10, I.D. Hospital, Kingsway Camp, Delhi stands proved beyond all doubts. Suraj is another member of the family of PW-17 and lived in Flat No.C-27, I.D. Hospital, Kingsway Camp, Delhi in the same block with his wife Nisha (PW-2). Thus, PW-2 would describe Rajvinder Kaur as her Nanad (sister of the husband) and Shakuntala (PW-6) as Bua (sister of the father).