X Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment dated 10th August 2015 passed by the learned Additional Sessions Judge ('ASJ'), Karkardooma Courts in Sessions Case No. 89/11 convicting the Appellant for the offence under Section 302 Indian Penal Code ('IPC') for committing the murder of his wife and the order on sentence dated 17th August 2015 whereby he was sentenced to undergo imprisonment for life along with a fine of Rs. 10,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) This Court has in the judgment that follows, accepted the Appellant's plea of defence of insanity under Section 84 IPC and acquitted him of the offence with which he was charged. The Court, therefore, considers appropriate to anonymise the name of the Appellant with 'X' and also refrain from mentioning the names of his family members. The case of the Prosecution

(3.) The case of the prosecution is that on 22nd June 2011, at around 8.55 am, telephonic information was received from the East District Control Room under DD No. 9-A regarding the death of a lady near Bharat National School. The DD was marked to Sub-Inspector ('SI') Dinesh (PW-15), who proceeded to the spot along with Constable Kunwar Pal (PW-19). Inspector O.P. Jhakar (PW-23) who was the Investigating Officer (IO) also reached the spot. A PCR van was already present when they reached there. There, the Appellant's elder brother (PW-1) met the IO at the spot. With the help of PW-1, the door of the house, which was on the first floor, was opened. There they found the body of the deceased, the wife of the Appellant, lying in a pool of blood. A blood-stained tawa was found lying in the kitchen. One blood stained knife was lying on the bed and one knife was lying in the kitchen. There was blood spattered in the room and the lobby.