PAWAN KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) Present appeal has been filed under Sections 374 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') against the judgment dated 07.09.2012 by which the appellant has been convicted for the offence punishable under Sections 302 and 201 of the Indian Penal Code, 1860 ('IPC') and the order of sentence dated 25.09.2012 whereby the appellant has been sentenced under Sec. 302 Penal Code to imprisonment for life with fine of Rs.10,000.00, in default of which to undergo further simple imprisonment for six months; and under Sec. 201 Penal Code to rigorous imprisonment for five years and also fine of Rs.2,000.00, in default of which to further undergo simple imprisonment for two months.

(2.) The Trial Court had noticed the case of the prosecution as under:

(3.) On the basis of statement of Jage Ram (father of the deceased), SI Ajay (PW-18) prepared rukka and got the FIR 203/2010 registered at PS Shahbad Dairy under Sections 302/201 IPC. Further investigation was assigned to the Ins. Rakesh Rawat (PW-19), who reached at the spot with SI Mahender Pratap (PW-6), SI Ajay Singh and Ct. Anand. He prepared the site plan and collected the photographs. Appellant was arrested on 27.09.2010 and his statement was recorded wherein he stated that he had brought the deceased back from her parental house about 15 days before the incident and thereafter, her behaviour had changed causing stress to the appellant. On the date of the incident, he had returned from work in the afternoon to find that the deceased was missing; when she came back an altercation took place in which the appellant hit the deceased with an iron scale. Then both slept in different rooms and after waking up at about 6 AM, he woke up the deceased and asked for tea. The deceased angrily went to the other room. The appellant got angry, went to the room and a scuffle ensued, in which the head of the deceased hit the wall and she started shouting and the appellant kept his hand on the mouth of the deceased and her breath went away. He then became afraid and attempted to make it look like a suicide. In pursuance of the statement, an iron scale was recovered at the instance of accused from the ground floor of his house. Ins. Rakesh Rawat (PW-19) collected the call details of the mobile phone of the deceased and witness Ved Prakash, postmortem report and also collected subsequent opinion of the doctor regarding the weapon of offence. After completion of investigation, chargesheet was filed under Sec. 302/201 Penal Code against the appellant and he was put to trial.