BIRJU KUMAR PASWAN Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant, Birju Kumar Paswan, challenging the judgement and order dated 29th July, 2011 passed by the Additional Session Judge, Dwarka Courts in Session Case no. 43/11 whereby the appellant was convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' and the order of sentence dated 29th July, 2011 sentencing the Appellant to imprisonment for life with fine of Rs. 10,000/-.

(2.) The case of the prosecution is that on the intervening night between 5th April, 2010 and 6th April, 2010 at about 12:05 AM, the appellant brought his wife Neelu (hereinafter referred to as 'deceased') to the Ram Manohar Lohia (RML) Hospital, New Delhi. She was declared dead by the doctor who examined her in the hospital. The duty constable at the hospital passed on this information to the Police Station Inderpuri on basis of which DD No.4A was recorded and handed over to ASI Mahaveer Singh (PW-19). ASI Mahaveer Singh reached the hospital and collected MLC of the deceased, he informed the concerned SDM and also telephoned the family members of the deceased. On 7th April, 2017, the brother of the deceased, Shri Anil Kumar Paswan (PW-4) reached Delhi. His statement was recorded before SDM, Delhi Cantt (Ex.PW-1/A). Based on the statement, SDM (Delhi Cantt) (PW-1) issued a direction to SHO, Police Station Inderpuri to register a case and investigate the matter (Ex.PW-1/B) and consequently, FIR No. 50/10 was registered in Police Station Inderpuri on 8th April, 2010 under Section 304B/498A IPC. After receipt of Post Mortem Report (Ex.PW-13/A) on 21st April, 2010, Section 302 IPC was added in the FIR.

(3.) The appellant was taken into custody on 9 th April, 2010. It is the case of the prosecution that on 22nd April, 2010, the appellant made a disclosure statement (Ex.PW-21/A) and got recovered a piece of wire from the roof of his house saying that the same piece of wire was used in committing the strangulation of his wife. The said piece of wire was taken into custody vide Seizure Memo (Ex.PW-21/B). On 16th July, 2010, the wire was shown to Dr. G.A. Sunil Kumar Sharma who had also conducted the Post Mortem of the dead body of the deceased and he opined that the possibility of ligature mark mentioned in the Post Mortem Report being produced by the wire cannot be ruled out (Ex.PW-13/B).