BHUPINDER DUTT JOSHI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th May 2017 passed by the learned Additional Sessions Judge (ASJ), North District, Rohini Courts, Delhi in Sessions Case No.57549/2016 arising out of FIR No.50/2015 registered at Police Station ("PS") Swaroop Nagar holding the Appellant guilty of the offence punishable under Section 302 Indian Penal Code ("IPC"). The appeal is also directed against the order on sentence dated 1st July 2017 whereby the Appellant was sentenced to rigorous imprisonment for life with a fine of Rs. 10,000/-, and in default of payment to undergo simple imprisonment (SI) for one year. The charge against the accused was that on 26th January 2015 at around 10 am on the first floor of D-601, Nathu Pura Gaon, Delhi, he murdered his wife Komal (the deceased).

(2.) The case of the prosecution was that the Appellant was married to the deceased and four children were born to them out of this wedlock. They had come to Delhi from a village in Chhattishgarh in 200 The Appellant owned a house in Samridhi Colony. On 18th January 2015, the Appellant, the deceased and their children had shifted to a room on the first floor of the house belonging to Devender Singh @ Raju Tomar (PW-4) on the pretext that the house at Samridhi Colony was under renovation.

(3.) A week after they had moved to the new accommodation, on 26th January 2015, the Resident Welfare Association of Samridhi Colony organized a programme to celebrate the occasion of Republic Day. PW-4 was the landlord of this new accommodation. Yogender Kumar (PW-2) deposed that the Appellant along with his children attended the said Republic Day programme, as his children were participating in the function. The Appellant attended the function in the morning but left for his house thereafter leaving his children behind at the function. The children who accompanied him were Ms. Aakansha (PW-21) and her two younger sisters. Master Tushar (PW-20) is the son of the Appellant.