STATE OF NCT OF DELHI Vs. ROHTASH

JUDGEMENT

(1.) Leave to appeal is sought by the petitioner/State of NCT of Delhi under section 378(1) of the Criminal Procedure Code, 1973 against the order dated 23rd May, 2016 passed by the Court of Additional Sessions Judge (Fast Track Court), North West, Rohini Courts, New Delhi.

(2.) The accused/respondent faced trial for committing the murder of his wife Smt.Kavita who was found dead on 11th February, 2014 at their house No.D-31A, Shiv Vihar, Karala, Delhi. The respondent and the deceased were issue less and had adopted Baby Tamanna @ Tanya (PW-13) from her natural parents Sh.Dilip Kumar (PW-8) (a cousin of deceased) and Smt. Meena (PW-10) in January 2010.

(3.) On 11.02.2014 at about 08.10 AM, Baby Tamanna @ Tanya (PW-13) came to Sh.Pradeep (PW-9), an immediate neighbour of the respondent and informed him that her mother had died. Immediately Sh.Pradeep (PW-9) rushed to their house and found Kavita lying unconscious on a bed. He did not find the respondent there. Sh.Pradeep (PW-9) informed the police about the murder and ASI Raj Kumar (PW-18) reached the spot along with Ct. Anil Kumar (PW-17) and by that time Smt.Kavita had already been taken by a PCR to Sanjay Gandhi Memorial Hospital, Mangol Puri. They noticed blood on the bed, mattress as well as on one plastic chair. Bloodstained articles were seized and crime team was summoned. Spot was inspected and photographed.