ALI IMAM Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 30th January, 2016 passed by the learned Additional Sessions Judge-02, South-East District, Delhi in Sessions Case No.24/2014 arising out of FIR No.75/2014 registered at Police Station ("PS") Jamia Nagar, Delhi convicting the Appellant of the offence punishable under Section 302 IPC and the order on sentence of the same date whereby he was sentenced to undergo Rigorous Imprisonment ("RI") for life with a fine of Rs.2, 000/- and in default of payment of fine to further undergo RI for three months.

(2.) The charge against the Appellant was that on the intervening night of 26th/27th January, 2014, at his residence in Jamia Nagar, the Appellant murdered his wife by strangulating her with an electric wire.

(3.) Dd No.12A was recorded at PS Jamia Nagar at 9.35 am noting that there was a PCR call about a lady having been murdered at M-59 Abul Fazal Enclave by her husband. The PCR Form (Ex.PW-9/A) reveals that a call was made to the police at around 9.30 am by one Md. Tahir which reads "M-59 Abul Fazal Part-I, 6 No. pulia mera kirayedar apni wife ko jaan se maar kar chala gaya". A further noting in the same PCR form at around 10:12 AM is inter alia to the effect that the accused i.e. the Appellant had already been apprehended at the spot by that time.