BIJENDER Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against a judgment dated 1st September 2009 passed by the learned Additional Sessions Judge, Delhi in Sessions Case No.15/1999 arising out of FIR No.982/1998 registered at Police Station ("PS") Rajouri Garden convicting the Appellant of the offence under Section 302 IPC for the murder of his wife, Kanta. The appeal also impugns the order on sentence dated 3rd September, 2002 whereby he was sentenced to imprisonment for life with a fine of Rs.2,000/- and, in default of payment of fine, to undergo simple imprisonment for 3 months.

(2.) At around 10.25 am in the morning of 1st November 1998, information was received in the Police Control Room (PCR) that Kanta, wife of the Appellant aged 27-28 years, had been murdered by her husband at M-407, Raghubir Nagar. This information was provided by Shakuntala (PW-7), the elder sister of the deceased.

(3.) Inspector Balraj Singh (PW-26) who was posted as Station House Officer ("SHO") at PS Rajouri Garden received the above information and reached the spot along with his staff. There he found Sub-Inspector (SI) Vijay Singh (PW-25) already present. The dead body of the deceased was found on the first floor of the said house lying on a cot in a pool of blood. There was a visible injury on the right side of the neck.