GUEBACHAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment dated 29th September, 2000 and the order of sentence dated 9th October, 2000 passed by Sh. H. S. Sharma, Additional Sessions Judge, tis Hazari Courts, Delhi convicting and sentencing the appellant to life imprisonment for an offence under Section 302 of the IPC. The appellant was also sentenced to fine of rs. 10 in default and he was directed to further undergo sentence of 5 days of Rigorous Imprisonment in default.

(2.) BRIEFLY stated, the prosecution case is that the appellant was married to one Smt. Jitender Kaur nearly 10-11 years back from the date of the alleged offence. Smt. Jitender kaur was alleged to have been strangulated by the appellant on the night of 8th and 9th october, 1997 between 11. 30 p. m. and 12. 00 mid night at the first floor of House No. El/ 220, First Floor, Madangir where the couple was residing. It was the case of the prosecution that the appellant from the wedlock had two sons aged six years and three and a half years or so. The elder son was being brought up by the father of the appellant at their residence at Palam. The younger one was staying with the appellant himself. The ostensible reason for strangulating the wife was that the appellant was alleged to be an alcoholic because of which there used to be frequent quarrels between the appellant and the deceased. The latter used to object to this habit of the appellant which he had picked up after 4-5 years of the marriage. It was also alleged by the prosecution that on 9th October, 1997 at about 8 or 9 a. m. the appellant dropped his younger son at the house of one Sh. Harbans Singh PW 6 whose son was a class fellow of the appellant's son. It was said by the appellant to Harbans singh PW6 that he was taking his wife to the hospital and would come back in the evening and pick up his son. On the next date i. e. 10th October, 1997, the neighbours of the appellant found that bad odour emanating from the flat, whereupon one of the relations of the deceased PW1 Tara Chand relation of the deceased was also informed who lodged a report vide DD No. 11a at police station Ambedkar Nagar and the investigation revealed that Smt. Jitender kaur was lying strangulated in. the room. The room was locked from outside. The lock had to be broken with the help of locksmith pw10 Sher Mohd. The body of the deceased had started decomposing. While the process of investigation was on, the appellant came to the place of occurrence himself at about 4. 00-4. 30 p. m. on 10th October, 1997. He was arrested and his search yielded one key of the lock which was found on the door of the room. The accused is also purported to have made the disclosure statement on account of which the piece of cloth with which the deceased was allegedly strangulated was also recovered from the room itself. The police after investigation filed a charge-sheet under Section 302 IPC against the appellant whereupon on trial, he was found guilty, convicted and sentenced.

(3.) THE prosecution in support of its case has examined 19 witnesses, namely, PW1 sh. Tara Chand, PW2 Sh. Saroop Singh, father, PW3 Sh. Jasbir Singh (brother of the deceased), PW4 Sh. Naresh Kumar, PW5 sh. Manjit Singh, PW6 Sh. Harbans Singh, pw7 Constable Naresh Kumar, PW8 Sh. Ashok Kumar, PW9 Constable Sanjay malik, PW10 Sher Mohd. , PW1] Constable prakash Chand, PW12 Sh. Sonu Kaushik, pw13 Constable Afijullah Malik, PW14 head Constable Kiran Singh, PW15 SI Bir singh, PW16 SI Dhan Singh, PW17 Dr. S. K. Gupta, (Department of Forensic Medicines and Toxicology), PW18 SI Asha, PW19 Inspector Ombir Singh.