MILAN DASS Vs. STATE

JUDGEMENT

(1.) Noting that the appeal came up for hearing and none appeared for the appellant, who was admitted to bail on September 29, 2005, the Bench concern had passed an order on January 16, 2015 issuing bailable warrants to secure the presence of the appellant. The warrants could not be executed because the appellant absconded. On July 16, 2015 it was noted by the Bench that the appellant was a resident of Assam and his father named Mohin Dass was contacted by the local police, who disclosed that the appellant was not in touch with him or any other family member for the last six years. Proceedings under Sec. 82 and 83 were directed to be conducted against the appellant. The appeal continued to be shown as per it's priority position in the list of 'Regular Matters'. It has reached for hearing today. Mr. M. Shamikh, advocate who is present in Court has been appointed as the amicus to represent the appellant and with his assistance as also that of the learned assistant Public Prosecutor Sh. Varun Goswami, we have gone through the impugned judgment and the evidence considered by the learned Additional Sessions Judge. Fee of learned amicus shall be paid by the Delhi High Court Legal Services Committee as per its schedule.

(2.) At Session Trial No. 100/98, Milan Dass has been convicted for having murdered his wife named Tara during early hours of the morning on March 29, 1998. That Tara became a star i.e. died in the morning of March 29, 1998, emerges not only from the testimony of Dr. K. Goyal, PW -1. who conducted Tara's post -mortem on March 30, 1998, recording therein that the cause of death was asphyxia with apoplexy consequent upon ligature strangulation caused by soft ligature material which could possibly be a purple pink chunni found in -situ around the neck of the deceased as per the post -mortem report Ex. PW -I/A, as also from the testimony of Randhir Kumar PW -3, Smt. Urmila PW -5, Tinku PW -9. Ram Phal PW -14 and Kapil Dev Sharma PW -15, all of whom have deposed that in the early house of the morning of the fateful day, Tara was seen by them strangulated to death in the room at House No. A -159, Arvind Enclave, Amar Colony. Nangloi. Delhi in which Tara resided with the appellant.

(3.) This takes us straight to the testimony of the live witnesses abovereferred to in paragraph 3 followed by the testimony of Inspector Prem Chand, PW -17.