UMESH KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is an appeal by Umesh Kumar against the judgment dated 5th June 2017 passed by the learned Additional Sessions Judge (ASJ), North District, Rohini Courts in Sessions Case No. 59027 of 2016 convicting him for the offence under Section 302 IPC for committing the murder of his wife Pinki and the impugned order on sentence dated 4th July 2017 whereby he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- and, in default of payment of fine, to undergo simple imprisonment for a further period of one year. Case of the prosecution

(2.) The case of the prosecution was that on 1st February 2016, information was received by the Central Police Control Room (CPCR) at 11.34 am that at Swaroop Vihar, Gali No.2 "ek lady ne phasi laga li". The message was transmitted to two police vans - CMD-58 and TGR-53A - at 11.44 am on the same day. The police van CMB-58 reached the spot at 12.06:59 pm. The report received from the said police van on 1st February, 2016 at 12.17: 37 was as under:

(3.) On the basis of the said information, DD No.11A was recorded. Immediately preceding the above recording of information by the CPCR was the call made to the police by Bhuvneshwar Gupta (PW8), the brother of the Appellant. He stated, in his examination in chief, that he made a call at number 100 and told the police that "meri bhabhi ne phasi laga li hai." From the Call Detail Record (CDR) of the phone used by the Appellant (Ex.PW-6/H), it is seen that he too made a call to the police at 11.56 am.