LAWS(DLH)-2018-8-210

RAJESH Vs. STATE GOVT OF NCT OF DELHI

Decided On August 13, 2018
RAJESH Appellant
V/S
STATE GOVT OF NCT OF DELHI Respondents

JUDGEMENT

(1.) This is an appeal directed against a judgment dated 28th April 2016 passed by the learned Additional Sessions Judge-IV (Central), Tis Hazari Courts, Delhi in SC No.97/2014 arising out of FIR No.55/2014 registered at Police Station (PS) Gulabi Bagh convicting the Appellant for the offence under Section 302 IPC. The appeal also challenges the subsequent order on sentence dated 23rd May 2016 whereby the Appellant was sentenced to imprisonment for life along with Rs. 5,000/- fine and in default of payment of fine, to undergo simple imprisonment for two months.

(2.) The trial Court, in the order on sentence passed in the aforementioned case, noted that the deceased Reeta was the wife of the Appellant and there were two minor children who were being looked after by the mother of the Appellant. The matter was, thereafter, referred to the Delhi State Legal Services Authority ("DSLSA") to enquire into the matter and decide the requisite compensation to be paid to the minor children.

(3.) The Appellant was charged with murdering his wife Reeta on the intervening night of 9th/10th April 2014 in a jhuggi near the office of the Railway Karmchari Union Office, opposite Gurudwara, Railway Colony, Kishan Ganj, Delhi. The criminal justice process was activated when a call was received at 2:05 am at PS Gulabi Bagh by HC Inderjeet (PW-3) on 10th April 2014 informing that a lady had been beaten in a jhuggi near the Gurudwara, Kishan Ganj Railway Station. The said information was noted down as DD No.5A.