AASHU Vs. STATE

JUDGEMENT

(1.) The present appeal is arising from the judgment dated 26th March, 2015 and order on sentence dated 27th April, 2015 passed by the learned Additional Sessions Judge, North Rohini Courts, in Session Case No.271/14 arising from FIR No.255/11 under Section 302 IPC registered at Police Station Alipur, wherein the appellant was sentenced to undergo imprisonment for life and was imposed a fine of Rs.5000/-for offence punishable under Section 302 IPC and in default of payment of fine, to undergo further SI imprisonment for three months.

(2.) The prosecution set out its case on receiving the DD No.65B (Ex.PW12/A), which was marked to Sub-Inspector Devender (PW27), who along with Constable Sohan Lal (PW6) reached at the House. No. 9, Aashram Road, Budhpur, and met Sajjan Kumar (PW5), who narrated the incident to them and they found the dead body of one lady named Mamta lying on the floor in between the bed and wall of the room. The iron chain of the pet dog and broken pieces of bangles were found lying there. The dead body of Mamta was taken to Satyavadi Raja Harishchandra Hospital('hereinafter referred to as SRHC Hospital') for post-mortem, where she was declared brought dead i.e. MLC NO.826/11(Ex 14B/B-13).

(3.) On receiving the information Sub-Inspector (PW26) Sunil Kumar posted as SHO Police Station along with Constable Vinod (PW13) and Constable Rajender reached to the House No.9, Aashram Road, Budhpur, Delhi, and Inspector Sunil Kumar met the minor children of the deceased namely Kumari Ritika (PW1) and Master Lokesh (PW2). Accordingly, Inspector Sunil Kumar recorded statement of Kumari Ritika (PW1) and got registered the FIR through Sub-Inspector Devender.