RAVINDER Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is an appeal under section 374 of the Code of Criminal Procedure, 1973 filed against the judgment dated 30.09.2016 and order on sentence dated 07.10.2016 passed by the learned Trial Court in Sessions Case No.98/2015, FIR No.169/2012, Police Station R.K. Puram, by which the appellant has been held guilty for the offence punishable under Section 302 IPC. The appellant stands acquitted of the charges under Sections 25/27 of the Arms Act. The appellant has been sentenced to undergo rigorous imprisonment for life and to pay a sum of Rs. 2,000/- as fine, and in default of which to undergo one month simple imprisonment.

(2.) On 17.08.2012, the peace of the house was shattered when Mohini (since deceased), wife of Rakesh, (bhabhi of appellant Ravinder) was stabbed by the appellant. SI Pankaj Thakran along with Constable Mahender on receiving DD no.26A dated 17.08.2012 reached the spot. He found blood on the floor of the kitchen, one ladies hawai chappal and traces of the blood in the lobby. He found two eye witnesses Aanchal (PW-4) and Anjali (PW-16) being sisters of the appellant. Their statements were recorded in which Aanchal alleged that her younger brother, aged 23 years, a graduate and unemployed, who was in the habit of nasha (drugs) and due to which the family members of the deceased remained annoyed with him. The appellant also felt that the deceased used to instigate the family members against him and she had done some jaadu tona over the family members. Therefore, he always had a revengeful attitude towards her. On the fateful day, appellant was in his room, his elder brother Rakesh (husband of the deceased) was in office, younger brother Naveen was in the gym and at around 5:30 p.m., her mother went to bring milk and she along with her younger sister, bhabhi Mohini and her two children were at home along with the appellant. Her bhabhi was working in kitchen, when appellant went inside. They heard cries of the deceased and when she went to the kitchen, she saw appellant inflicting injuries with knife to the deceased. On seeing her, he went away from the place. Blood was oozing out from her stomach and a knife was stuck in her left hand. Thereafter, she called her brother Naveen who came immediately and with the help of a neighbour, took the deceased to the Hospital. Based on her statement, an FIR was registered.

(3.) The appellant pleaded not guilty upon charges being framed. The prosecution examined 19 witnesses in all, while the defence examined two witnesses. Statement of the appellant was recorded under section 313 of the Code of Criminal Procedure, 1973. A defence was taken that the stab injuries were inflicted by an outsider. In Court, both the eye witnesses PW-4 and PW-16, being sisters of the appellant turned hostile.