DEVENDER DASS Vs. STATE

JUDGEMENT

(1.) The appellant is husband of the deceased, who was tried for having murdered his wife on the intervening night of 31st October and 1st November, 2012. Vide impugned judgment of 28th November, 2014, appellant has been held guilty for offence of murder and vide order of even date, he has been sentenced to imprisonment for life with fine of Rs. 10,000/- and in default of payment, he has been directed to undergo further simple imprisonment for six months.

(2.) The prosecution case, stands unfolded in the opening paragraph of the impugned judgment and so, needs no reproduction. The uncontroverted factual background of this case is that on 1st November, 2012, at about 06:50 a. m. , Vinay Kumar Gupta (PW-1) went to Police Post of Metro Vihar of Police Station Shahbad Dairy and informed that one- Devender Dass, who was his tenant in one of the rooms of his house at K. NO. 96/72, Dal Mill Road, Holambi Kalan, Delhi had murdered his wife. Vinay Kumar Gupta (PW-1) stated that on the fateful day, at about 06:15 a. m. , he heard that a few people had gathered outside the tenanted room and there was some noises and when he peeped inside the tenanted room from the iron grill door, he saw that wife of appellant Smt. Phoolwati was lying in unconscious state in pool of blood on her face and on the ground. Vinay Kumar Gupta (PW-1) further stated that on enquiry, appellant told him that he had a quarrel with his wife last night and therefore, appellant had inflicted injuries on his wife with a peeler knife and brick. On the complaint of Vinay Kumar Gupta (PW-1), appellant was arrested by the police in this case.

(3.) Suffice to note that as per the prosecution version, there had been a quarrel between appellant and his wife on the intervening night of 31st October and 1st November, 2012 and in the morning of 1st November, 2012 at about 6:50 a. m. , appellant was seen crying inside his house while his wife was lying on the floor. The prosecution relies upon the evidence of neighbors- Vinay Kumar Gupta (PW-1) and Bharat Lal (PW-2). Apart from the medical evidence, there is evidence of SI Mukesh Kumar (PW-6) and Inspector Sanjeev Chahar (PW-20), Investigating Officer of the case. Appellant in his statement under Section 313 Cr. P. C. has taken plea of alibi and has stated that he has been falsely implicated in this case. Appellant has chosen not to lead any evidence in his defence. Learned trial court while relying upon the prosecution evidence, convicted and sentenced the appellant as noted above.