LAWS(DLH)-2017-2-50

POONAM RANI Vs. STATE

Decided On February 20, 2017
POONAM RANI Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By way of the instant appeal, the appellant assails the judgment dated 9th April, 2012 in Sessions Case No. 123/10 arising out of FIR No. 269/10 under Section 302/34 IPC registered by the police station Hauz Khas finding her guilty of the commission of offence under Section 302 of the IPC as well as the consequential order on sentence dated 21st April, 2012 whereby she was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/-, in default of payment of fine, sentenced to undergo one year's simple imprisonment.

(2.) It was the case of the prosecution that at 2:23 a.m. on 7th August, 2010 the police control room received a telephonic intimation from the phone no. 9868910445 to the effect that thieves had got into house No.39, Shahpur Jat, Asian Game Village near school and have hit "my grandmother" which information was logged as CRDD no. 224 at 0223 hours by L/Ct. Sonika (PW-18) (Ex-PW18/A) at the police headquarters and transferred by PW-18 to the police station Hauz Khas.

(3.) At the police station, Hauz Khas, the telephonic information from the Police Control Room was received at about 2:30 am by ASI Mohd. Swalay (PW20), posted as the Duty Officer at that time, and recorded by him in the DD register at serial no.58A (Exh.PW20/A). Through Head Constable Rajan (PW21), also posted at P.S. Hauz Khas, DD 58A was sent for inquiry to SI Narender Kumar Ojha (PW31).