RAMBIR Vs. STATE

JUDGEMENT

(1.) The Appellant-Rambir has impugned the judgment dated 19.07.2012 and the order on sentence dated 23.07.2012 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi, whereby he has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 1000/- and in default of payment of fine, to further undergo imprisonment for one year.

(2.) According to the prosecution case, on the intervening night of 31.08.2010 and 01.09.2010, the Appellant strangulated his wife Sua and intentionally caused her death on the roof top of premises no. C-834, Gali No. 30/3, Jafrabad, Delhi. A DD No. 7A was recorded on a PCR call in PS Jafrabad, Delhi whereupon the Investigating Officer reached the spot and found the body of a woman lying on the rooftop of the aforesaid premises. The body was identified as that of Sua-wife of Rambir by Sh. Kishan-PW-17 who was found on the spot. The Investigating Officer-SI Dharmender Singh-PW-15 registered FIR no. 205/2010 under Sections 302 and 34 of IPC on 01.09.2010. Though the Appellant was found missing from the crime scene, he was, subsequently, arrested on the same day itself. On being interrogated, he confessed to his guilt and pursuant to his confession he led the police to the crime scene and got recovered an iron rod 'Saria' which was seized from the spot. The body of the deceased was sent for postmortem and the postmortem report opined the cause of death to be asphyxia as a result of ante mortem compression of neck produced by a blunt hard object. The FSL report opined that the compression mark appearing on the neck of the deceased was possibly by an iron rod. After completion of the investigation, the Appellant was sent to face trial, as he pleaded not guilty to the charge.

(3.) In support of its case, the prosecution examined 18 witnesses while the Appellant did not produce any defence witness. The primary witness being PW-7, the son of the Appellant and the deceased, stated that he had seen the Appellant strangulate his mother-the deceased with the 'Saria' after she had taken out some money from the Appellant's wallet. PW-15-SI Dharmendra Pratap was the first to arrive at the scene of the crime and testified as to the presence of the body of the deceased on the terrace along with, amongst other things, a 'Saria', an empty liquor bottle and a plastic glass. PW-9 Fayaz, who was working in the workshop in the said premises, testified to have witnessed the Appellant leave the premises in the morning at 6-6:30 a.m. on 01.09.2010 with his son, PW-7. PW-17 Kishan, who was also working in the said premises and PW-18 Shahid, who was the owner of the workshop, also confirmed the presence of the Appellant, deceased and their minor son at the premises on the night of the incident. PW-18 further stated he had allowed the Appellant to work in his workshop on 31.08.2010 and permitted him to stay on the roof with his wife and son for some time till necessary arrangements were made by him for his stay.