GUDDI Vs. THE STATE

JUDGEMENT

(1.) Through the appeal at hand, the appellant seeks to assail the judgment dated 12.08.2013, and order dated 29.08.2013, passed by Additional Sessions Judge -2 (North West) Rohini, Delhi in sessions case no. 72/2013 whereby she was held guilty and convicted for offences punishable under Ss. 302 and 201 of Indian Penal Code, 1860 (IPC) and awarded imprisonment for life with fine of Rs. 10,000/ - besides rigorous imprisonment for three years with fine of Rs. 5,000/ - on the two counts, the gravamen of the charge mainly being that she had committed the murder of her husband (Ram Chander) on or about 01.07.2007, after alluring him from the house in village Qutab Garh within the jurisdiction of Police Station Kanjhawla ("the Police Station"), Delhi to a house in village Kharkhoda District, Sonepat, Haryana and thereafter having caused disappearance of the evidence with the intention of screening herself from legal punishment by burying his dead body in the said house.

(2.) There is ample evidence available on record to confirm that the appellant was married to Ram Chander son of Hukam Chand, a person aged about 37 years at the time of his death in July, 2007. Ram Chander, per the evidence of his brother Mahender Singh (PW -2), professed to be an ayurvedic doctor and was earning his livelihood by running a dispensary in village Sohati, close to village Qutab Garh where he would reside with his family including his wife (the appellant) and three children. The testimony of PW -2 would affirm that the other brothers of Ram Chander (hereinafter referred to as "the victim" or "the deceased") lived separately, PW -2 also being a medical practitioner in ayurved running his own clinic. The date of marriage of the appellant with the deceased has not been clarified by any specific evidence but given her own age (35 years) as stated at the time of lodging the missing report (on 03.07.2007) and the age of the deceased mentioned by her, it must be assumed that they had been married for a number of years.

(3.) The appellant did not dispute the evidence of the prosecution that on 03.07.2007, she had gone to the local police station, Kanjhawla at about 5.30 PM and lodged a report with Head Constable Surat Singh (PW -8) about her husband having gone missing after he had left the house at about 11 AM on 01.07.2007 on his Hero Honda motorcycle bearing registration no. DL 1L 5036 ("the motorcycle") carrying along cash Rs. 2.5 lakhs. The missing report was reduced into writing in the roznamcha by PW -8 vide DD no. 30A (Ex.PW -8/A).