VIJAY SHAH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The appellant (A-1) along with Ashok Kumar (A-2) has faced trial in Session Case No.49/2000 in the court of learned ASJ, Delhi for the offences punishable under Sections 302/364/120-B read with Section 34 of the Indian Penal Code, 1860 (in short 'IPC'), arising out of FIR No. 169/2000, PS Prasad Nagar. Vide judgment dated 12.01.2004, Ashok Kumar has been acquitted of all the charges framed against him and the appellant has been convicted for the offences punishable under Sections 302/364 of the IPC. He has however been acquitted of the charge punishable under Section 120-B IPC. Vide order on sentence dated 27.01.2004, the appellant has been sentenced to undergo imprisonment for life and pay fine of Rs.2,000/-. In default of payment of fine, he has been directed to undergo rigorous imprisonment for six months. The appellant has also been sentenced to undergo imprisonment for a period of six years and pay a fine of Rs.2,000/- for the offence punishable under Section 364 IPC and in default of payment of fine, directed to undergo rigorous imprisonment for six months with a stipulation that both the sentences shall run concurrently.

(2.) Aggrieved by the aforesaid conviction and order on sentence, the appellant has preferred the present appeal.

(3.) Shorn of irrelevant details, the case set up by the prosecution is that the deceased, Smt. Brijesh, wife of Sh. Niranjan Singh had a liaison with the appellant and he wanted her to leave her husband and three children and live with him. When Smt. Brijesh refused to break her marriage with Sh. Niranjan Singh, the appellant plotted to take her away. This opportunity came his way on 04.4.2000, when he knew that Smt. Brijesh, who lived in Bapa Nagar, Karol Bagh, would be visiting a government dispensary at Patel Nagar, for obtaining medicines. On 04.4.2000, when Smt. Brijesh left her house at 10.30AM along with her 2 year child, Kanchan, the appellant driving a blue coloured Maruti Van bearing registration No. DL-4CE-0940, met her on the way and made her and her daughter board the Van, which he drove towards Dharuhera, Haryana. When the deceased expressed her unwillingness to live with the appellant, he took her to the bed of river Shabi and murdered her. On the very same day, i.e., on 04.04.2000 at 4.45 PM, Jaan Mohd. a public witness found the minor daughter of Smt. Brijesh abandoned on the national highway leading to Gurgaon, Haryana and he took her to his house and informed Police Post Khandsa, Gurgaon.