FEROZ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant has preferred the present appeal to assail the judgment dated 06.10.2012 passed by the learned ASJ (Central), Delhi in SC No.07/2011 arising out of FIR No.158/2010 registered at PS Ranjeet Nagar under Section 498A/ 302/ 34 IPC, whereby the appellant has been convicted under Section 302 IPC for commission of murder of his wife. At the same time, the appellant was acquitted of offence under Section 498A IPC. By the order on sentence dated 06.10.2012, the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-, or in default of payment of fine, he is directed to undergo further Rigorous Imprisonment for two months for the offence under Section 302 IPC.

(2.) Apart from the appellant, his mother Mehrunisha had also been similarly charged. However, she had been acquitted by the Trial Court of all the charges.

(3.) The facts in brief are that on the night of 11/12.08.2010, while the appellant and his deceased wife were, admittedly, sleeping in their room at their jhuggi situated at E-802, Jhuggi, Shadipur Flyover, K.D. Colony, Delhi, the deceased died an unnatural death. The medical opinion of Dr. Komal Singh (PW-8) is that as per the post-mortem, the death appeared due to homicidal hanging. The post-mortem report (Ex. PW-8/A) showed several bruises and abrasions on the body of the deceased. As per the postmortem report (Ex. PW-8/A), inter alia, the following findings were reported: 3. Bruise present on the anterior aspect of right shoulder joint of size 2cm x 0.8cm under near collection of clotted blood dark reddish black in colour.