MD. RASHID Vs. STATE

JUDGEMENT

(1.) With the consent of the parties, the present appeal is set down for final hearing and disposal.

(2.) Challenge in this appeal is to the impugned judgment dated 27.05.2014 and the order on sentence dated 29.05.2014 passed by the Trial Court in Sessions Case 13/13, FIR No. 200/12 PS Paharganj, by which the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short 'IPC') and has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- and, in default of payment of fine, to undergo simple imprisonment for two months.

(3.) The case of the prosecution as noticed by the Trial Court is that on 02.10.2012 at 2:20 PM, an information was received at PP Santrashan from one Babu Lal (PW-8), receptionist of Hotel Karan Palace that a boy and a girl had stayed the previous night in room no.207 of their Hotel; the boy had left the Hotel during the night and on the next date when room was forced open, dead body of a girl was found lying on the bed. A case was registered on the basis of the statement made by Babu Lal (PW-8), Receptionist of the Hotel, which was recorded by SI Yashpal (PW-21), PS Paharganj on reaching the Hotel. SI Yashpal (PW-21) reached the Hotel along with Head Constable Kuldeep Tyagi (PW-20) and W/Constable Bhanwari Devi (PW-17) on receipt of DD no. 20 recorded at PP Sangtrashan. It is the case of the prosecution that Shajia (hereinafter the 'deceased') got married to the appellant initially in the year 2010 and they lived together as husband and wife in the area of Mustafabad. The marriage ended with a divorce in the very first year. Thereafter, Shajia started residing with her parents. In July, 2012 the appellant settled the matter and married the deceased once again and both of them started living together in Street No.2, Matkewali Gali, Chauhan Bangar. However, disputes arose once again between the appellant and the deceased. The deceased started residing with her parents from 21.08.2012 and also submitted a complaint to the DCP, North-East District on 28.08.2012. It is the alleged that on 01.10.2012, the appellant contacted the deceased on phone and expressed his desire to meet her. She left her parental house to meet him, but did not return. She was found dead in room no.207 of the Hotel. On 02.10.2012, when SI Yashpal (PW-21), Head Constable Kuldeep Tyagi (PW-20) and W/Constable Bhanwari Devi (PW-17) reached the Hotel, they found dead body of Shajia lying on the bed. SI called crime team, which reached the spot and inspected it. Inspector Subhash Meena (PW-24) also reached the spot with his staff. During spot inspection, one black colour chunni and black colour T-Shirt(top), one bed sheet, two pillow covers, hairs, three glasses and two plastic water bottles, pair of lady chappal, a ladies purse, hair clip, one mobile phone from under the pillow, two broken mobile phones from the dustbin and key-take were recovered from room no.207 of the Hotel. These items were seized and sealed.