SUDHIR Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order of sentence dated 5.9.2000, the appellant Sudhir had been convicted for having committed murder of deceased Reema. He had been sentenced to undergo life imprisonment.

(2.) VERSION of the prosecution is that the deceased Reema along with her five children and father-in-law was residing in house bearing no. 10-A, Part V, Karan Vihar, Sultanpuri. Her husband was living separately because of differences between the couple. Reema, to earn her livelihood was working as an Assistant in the office of an advocate. The accused Sudhir, a friend of her husband was known to her. He had an evil eye on her and used to visit her house. She i.e. Reema discouraged his advances and a few days prior to the incident, she categorically asked him to stop visiting her. Upon this the accused threatened her.

(3.) AT 4.45 AM, the deceased was declared fit for statement and her statement Ex.PW-13/A was recorded by PW-13 wherein she had specifically named the accused as the culprit of the aforestated event. Endorsement Ex.PW-13/B was made on this statement and rukka was taken by PW-5 for registration of the FIR. FIR Ex.PW-1/A was registered by HC Surjit Singh PW-1 which was initially for the offence punishable under Section 307 IPC. The Investigating Officer i.e. PW-13 informed the SDM Vinay Bhushan PW-8 who reached the hospital. He i.e. PW-8 recorded the statement Ex.PW-8/A of the deceased after she had been certified fit for giving a statement. This certificate of fitness was obtained at 5.30 PM and is evidenced in the MLC Ex.PW-5/A of the victim. The MLC further depicts that the patient had been admitted into the hospital with 100% superficial burns.