SUBHASH KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is an appeal against a judgment dated 9th April 2012 passed by the learned Additional Sessions Judge ("ASJ") in Sessions Case No.42/2011 arising out of FIR No.164/2011 registered at Police Station ("PS") Malviya Nagar convicting the Appellant for the offence under Section 302 IPC and the order of sentence dated 21st April 2012 sentencing the Appellant to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default to undergo simple imprisonment for a period of one year.

(2.) The case of the prosecution is that the police was informed on phone on 24th April 2011 about the death of a woman at House No.197, Ground Floor, Savitri Nagar. Upon reaching the spot, the dead body was found in a decomposed condition lying in the room on the ground floor of the aforementioned house. The name of the deceased was revealed as Mumpy, wife of the Appellant who had married her three years earlier. The whereabouts of the Appellant not being known, the DD No.24A dated 24th April 2011 was kept pending.

(3.) On 26th April 2011, the father of the deceased, Deedar Mandal (PW-6) gave a statement in which he stated that his daughter (the deceased) had been harassed and beaten by the Appellant in order to get more money from her parents. PW-6 stated that he had given the Appellant a gold chain and a gold ring. On the basis of the statement of PW 6, a case was registered under Sections 498A and 304B of IPC.