JALESHWAR MAJHI Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 5th June 2014 passed by the learned Additional Sessions Judge in Sessions Case No.42/14 arising out of FIR No.84/12 registered at Police Station (PS) Dwarka Sector-23, convicting the Appellant for the offence under Section 302 Indian Penal Code ("IPC") for murdering his wife Manju ("the deceased") and the order on sentence of the same date whereby the Appellant was sentenced to undergo rigorous imprisonment for life for the offence under Section 302 IPC and in addition, to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for three months. Background facts and police investigation

(2.) The facts of the case are that on 1st June 2012, at around 9.18 am, Ct. Ravinder Kumar (PW13) received a call from a mobile phone informing that at Sector-23 Dwarka, Pochanpur Village, near Gulab Dharam Kanta, one lady was lying in an unconscious condition. PW13 then filled a Police Control Room ("PCR") form (Ex. PW13/A). Head Constable ("HC") Ramjas (PW16) received a PCR call at around 9.45 am and recorded the same as DD No.13A (Ex.PW16/A) and received the rukka at 12.10 pm and on that basis registered the FIR No. 84/12.

(3.) Sub Inspector ("SI") Ram Pratap (PW18) attached to PS Dwarka Sector-23 and Ct. Radhey Shyam (PW12) reached the house where Braham Prakash Yadav (PW2), who happened to be the landlord, told them that he had constructed some rooms on his plot for letting out on rent. PW2 informed them that he had let out Room No.2 in his plot to one Jaleshwar Majhi (the Appellant). In said room, the Appellant was living with his wife (the deceased) and her daughter for the past one month. PW2 stated that on 1 st June 2012, he came to the room at around 9 am to collect the rent but found the door bolted from outside. A foul smell was emanating from it. On opening the door, he found that a female who was residing with the Appellant was lying on the floor wrapped in a quilt. On reaching the spot, the police found the female dead. It is on this basis that the FIR was registered.