ANIL TYAGI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22nd September 2017 passed by the learned Additional Sessions Judge-03, South East, Saket Courts ('trial Court') in Sessions Case No.2272/2016 arising out of FIR No.232/2010 registered at Police Station ("PS") Govind Puri convicting the Appellant for the offence under Section 302 Indian Penal Code ("IPC"). It also challenges the order on sentence dated 30th January 2018 whereby the Appellant was sentenced to imprisonment for life along with fine of Rs.20,000/- and in default of payment of fine, to undergo simple imprisonment for a further three months.

(2.) By an order dated 15th November 2010 of the trial Court, the Appellant was charged with having committed the murder of his wife, Sunita ('the deceased'), at around 11:20 pm on 28th June 2010 at their home in Govind Puri. The case of the prosecution rested essentially on the eye-witness testimony of Ritika (PW-5), the four year old stepdaughter of the Appellant.

(3.) The Appellant married the deceased after his first wife died. At the time of his second marriage, the Appellant had two children by his first wife and the deceased also had two children from her previous marriage. The elder child of the deceased by her first marriage was Sachin (PW-2) and the younger child was Ritika (PW-5).