LAWS(DLH)-2017-9-87

RAVINDER KUMAR CHAUHAN Vs. STATE

Decided On September 26, 2017
Ravinder Kumar Chauhan Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeal instituted under the provisions of section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ' CrPC '), assails the judgment and order on sentence dated 09.08.2011, rendered by the Ld. Additional Sessions Judge, Delhi, in Sessions Case no.137/09.

(2.) By way of the impugned judgement and order on sentence dated 09.08.2011, Ravinder Kumar Chauhan (hereinafter referred to as 'appellant') was convicted and sentenced under the provision of section 302 of the Indian Penal Code, 1860 (hereinafter referred to as ' IPC ') to life imprisonment along with a fine of Rs.5,000/-. In default of payment of fine, the appellant has been sentenced to undergo simple imprisonment for a further period of 3 months. However, the benefit of the provision under section 428 CrPC has been granted to the appellant.

(3.) The fulcrum of the case of the prosecution is that the appellant suspected the character of his wife, Ms. Madhu (hereinafter referred to as the 'deceased'), and in view thereof committed the murder of the latter on 11.08.2009 by strangulating her with an angocha (cloth) [Ex.P1]. The murder was committed on the second floor of House bearing No.K-115 Vijay Vihar, Phase-II, Delhi (hereinafter referred to as the 'tenanted premises/crime spot') where the appellant used to reside with the deceased and their children as tenants.