PATIT SARKAR Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by the appellant- under Section 374(2) Cr.P.C. against the judgment of conviction dated 16.07.2015 and order on sentence dated 17.07.2015 passed by learned Additional Sessions Judge, New Delhi whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.2, 000/- and in default of payment of fine to further undergo imprisonment for three months.

(2.) The factual matrix emerging from the record is that on 03.08.2013, an information was received by SI Deshraj vide DD No.100B (Ex.PW12/F & E) as per which, Duty Constable from Safdarjung Hospital informed that one Mamita, admitted in the hospital by her husband, had been declared dead. On receipt of said information, SI Deshraj reached the hospital and collected the MLC of Mamita Ex.PW-4/A. In the hospital, her husband Patit Sarkar - the appellant met the IO. Upon inquiry, he informed the IO that his wife fell from the stairs and sustained injuries, due to which she was admitted in the hospital. Dead body of the deceased was got preserved in the mortuary. The accused Patit Sarkar informed that his marriage with the deceased was solemnized on 11.05.2013. He also informed the parental address of the deceased as District 24 North Pargana, West Bengal. Information about the death of the deceased was given to her mother Smt.Nilima on telephone by the accused. Executive Magistrate was informed about the death of the deceased. Crime team was called by the IO (PW-14) which inspected the scene of crime and got it photographed. On 05.08.2013, Smt.Nilima Mistri, mother of the deceased came to the police station. She was produced in the office of Executive Magistrate, Kalkaji. Her statement (Ex.PW-2/B) was recorded. On 06.08.2013, Form 25.35.B was filled up and the dead body was sent for postmortem. After postmortem, the dead body of the deceased was handed over to her husband and mother. The doctor handed over sealed parcels containing clothes of the deceased, thread of sample seal and blood in gauze which were seized. Proceedings under Section 176 Cr.P.C. were conducted. On 112013, postmortem report of the deceased was obtained vide Ex.PW-11/A in which the doctor opined the cause of death as asphyxia as a result of ante mortem manual strangulation. On the basis of the opinion given in the postmortem report, the case was found to be covered by Section 302 IPC. The FIR was registered. Further investigation of the case was conducted by Insp. Madanpal Bhati. IO prepared the site plan and recorded statements of the witnesses. On 14.12013, accused was arrested and allegedly admitted his guilt. Pointing out memo (Ex.PW-14/A) was prepared at the instance of the accused. Scaled site plan (Ex.PW-13/A) was got prepared from the draftsman. Exhibits of the case were deposited in the FSL. CDR of the mobile phone of the deceased was obtained. After completion of investigation, charge sheet was filed in the Court.

(3.) Charge for the offence under Section 302 IPC was framed against the appellant, to which he pleaded not guilty and claimed trial.