LATIF @ DALLU Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 21st October 2013 passed by learned Additional Sessions Judge, Dwarka Courts, New Delhi in Sessions Case No.2/2013 arising out of FIR No. 212/2012 registered at Police Station ("PS") Chhawla convicting the Appellant for the offences under Sections 302 and 201 IPC.

(2.) This appeal is also against the order on sentence dated 30th October 2013 whereby the Appellant was sentenced to undergo rigorous imprisonment ("RI") for life with a fine of Rs.10,000/-, and in default of payment of fine to undergo simple imprisonment ("SI") for six months for the offence under Section 302 IPC; and to undergo RI for three years with a fine of Rs.3,000/-, and in default to undergo SI for two months for the offence under Section 201 IPC. The sentences were directed to run concurrently.

(3.) It must be noted at the outset that the Appellant was charged with the offences under Sections 498 A IPC and 304 B IPC but acquitted of those offences by the trial Court. The charge against him under Section 302 IPC for having committed the murder of his wife Shama (the deceased) by smothering on 20th September 2012 at an unknown time in their house at House No. 217, near Harijan Chaupal, Deen Pur Village, New Delhi was an alternative charge. The Appellant was also charged with causing the evidence of the commission of the offence to disappear thereby attracting the offence punishable under Section 201 IPC.