URMILA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE appellant has challenged the judgment of the Additional Sessions judge dated 28. 3. 2007 and order of sentence dated 30. 3. 2007 by virtue of which, appellant has been convicted under Sections 365/302/120b IPC and sentenced to undergo imprisonment for life with fine of Rs. 500/- and in case the appellant fails to pay fine, SI for 15 days.

(2.) THE story of the prosecution is that deceased-Kanhaiya Lal was the husband of the appellant. The couple was residing at A-64 Gali No. 6, Om nagar, Meethapur, Badarpur; one Anil also used to reside with the couple in the said premises. A case was registered by the Police Station Badarpur under Section 365 IPC on 8. 12. 2002, on the basis of a complaint made by the brother of the deceased-Sh. Hari Lal Bharti. As per his complaint to the police, he had received a telephone call on 6. 12. 2002 from one Nand Kishore giri, informing him that his brother, Kanhaiya Lal was not present at his house for the last one and a half months; and the wife of the deceased i. e. Urmila, the present appellant had disclosed to him that her husband had gone to Ludhiana and thereafter no satisfactory reply was given by her. On coming to know about this, Acche Lal (elder brother of the deceased) had come to the house of complainant and enquired from him. Both the brothers (Hari Lal Bharti and Acche Lal) reached Meethapur, Badarpur to enquire about their brother - Kanhaiya Lal. They found the house locked. On enquiry from the neighbours they came to know that Urmila had gone to Pul prahladpur. Both the brothers went to Pul Prahladpur at the residence of one Om Nath Giri, who was the landlord of Kanhaiya Lal, at one time. On enquiry, Urmila was unable to give a satisfactory reply about the whereabouts of her husband and the complainant suspected the involvement of Urmila and Anil in the disappearance of Kanhaiya Lal

(3.) AS per the case of the prosecution, upon interrogation, in the presence of the brothers of the deceased, Urmila disclosed that her husband (Kanhaiya Lal) was murdered by her and Anil on 19. 10. 2002. In pursuance of the disclosure statement Urmila took the police party to her residence at om Nagar. One Abid Hussain and Shiv Prasad Mehto residing in the neighbourhood joined in the investigation; the appellant confessed her guilt and got recovered the dead body of the deceased (Kanhaiya Lal) lying in the septic tank situated in the Court yard of the house of the deceased. Crime team took the photographs. Accused/appellant was arrested; and rough site plan was prepared. The dead body was sent to the mortuary. On 9. 12. 2002 the post mortem on the dead body was conducted. As Anil could not be traced, he was declared as a proclaimed offender. The prosecution has in all examined thirteen (13) witnesses; statement of the accused/appellant was recorded under Section 313 Cr. P. C. . According to the appellant, she was falsely implicated in the case. No defence evidence was led.