MAGHAI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23rd January 1992 passed by the learned Additional Sessions Judge ( "ASJ ") convicting the Appellant for the offence under Section 304 Part-I IPC. It is also directed against the order dated 23rd January 1992 passed by the learned ASJ sentencing the Appellant to undergo rigorous imprisonment for seven years.

(2.) THE case of the prosecution is that at around 11.57 pm on 3rd March 1989 an information was conveyed to the Police Control Room by one Dr. R.N. Khera that the Appellant had brought his wife Smt. Shivrani Devi to the hospital in an injured condition and that the injured victim had given a statement before the doctor that she had been beaten by her husband with a brick. This information in turn was conveyed at Police Station Mangolpuri where DD No. 2A was recorded and the inquiry was entrusted to Sub Inspector (SI) Lala Ram who along with Const. Bhagwan proceeded to the said hospital. By that time it was discovered the victim had died. The police thereafter went to the place of occurrence which was the room on the first floor of House No. 81/1, Mangolpuri, Delhi. The police took into possession on one brick, two tat pieces and one piece of cloth all stained with blood and blood sample from the scene of occurrence in sealed parcels. The appellant was arrested on the same day and his shirt and lungi which he was wearing were taken into possession in sealed parcel. The postmortem of the deceased was conducted on 5th March 1989. The sample collected was sent to the CFSL for opinion.

(3.) THE prosecution examined 19 witnesses. In his statement under Section 313 CrPC the Appellant admitted that he and his wife were living together in a room on the first floor and that he had taken her to Khera Hospital in an injured condition on that night at about 10.30 pm. He admitted that Dr. Manjit Singh had examined her at Khera Hospital but denied that Dr. Manjit Singh had recorded the statement of his wife or that she had made the dying declaration of having been beaten by her husband. He also denied having made statement to the doctor that he had beaten her. He took the plea that he has been falsely implicated. Dr. Khera had demanded money which he was unable to pay and that so a false case was instituted against him at the behest of Dr. Rama Khera. The Appellant did not led any evidence in his defence.