SURESH KUMAR Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th February 2002 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.13 of 1999 in FIR No.433/1998 registered at Police Station (P.S.') Moti Nagar convicting the Appellant for the offence of the murder of his wife, Mamta (deceased), punishable under Section 302 IPC and the order on sentence of the same date sentencing him to imprisonment for life and a fine of Rs.2,000/- and in default of payment of fine to undergo rigorous imprisonment (RI) for one year. Case of the prosecution

(2.) The prosecution case began with Head Constable (HC) Ramphal (PW-2) telephonically informing P.S. Moti Nagar at around 11:30 p.m. that at House No.11/10 Moti Nagar, a man had stabbed his wife and that police officers and an ambulance should be sent to the spot. The said information was entered as DD No.21-A and handed over to Sub Inspector (SI) Hem Chand (PW-8), who along with Assistant Sub Inspector (SI) Azad Singh (PW-14) and Constable (Ct.) Mukesh Kumar (PW-13) reached the spot. There they were met by PW-2 and Ct. Raj Kumar (PW-7). They found the deceased in the kitchen of the house, lying in a pool of blood.

(3.) Leaving PW-2 and PW-7 at the spot for protection of the crime scene, PW-8 along with PW-13 and PW-14 removed the deceased in a police ambulance to the DDU Hospital. As the doctors at DDU Hospital were on strike, the deceased was taken to the ESI Hospital where she was declared as brought dead. PW-8 then returned to the spot along with the other two policemen. Investigation