SANJAY KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) THE appellant, Sanjay Kumar Jain, was married to late Smt. Anju Jain (deceased) on 20. 02. 1990 whereafter they were residing in House No. 2803, Gali no. 6, Chander Puri, Kailash Nagar, Delhi. It is the case of the prosecution that the deceased was being harassed for insufficient dowry and on 10. 04. 1991 at 8:50 p. m. , a call was received from one Nanak Chand, PW 1, about the murder of the deceased at the police control room and accordingly D. D. Entry No. 11a was recorded. On reaching the spot, the police party found that SI Budh Sain along with police staff were already present. The premises were found locked from outside. A bunch of keys were provided by the neighbour, Sadhna, PW 8 and one of the keys fitted in the lock whereupon on climbing to the first floor, where the appellant and deceased were residing, the dead body of the deceased was found lying on the floor. At the scene of the crime, broken bangles were lying and a hair strand was also found on the chest of the deceased. Rukka was sent by making endorsement on the d. D. to the police station and FIR No. 83 of 1991 was accordingly registered (Exhibit PW 21a ). The inquest proceedings were got conducted through the area sdm and the spot was got photographed whereafter the body of the deceased was sent for post-mortem.

(2.) THE post-mortem was conducted by Dr. L. K. Barua, PW 20, who in his report (Exhibit PW 20/a) found that there were 10 injuries on the body, which were ante-mortem in nature and the injuries on the neck were opined to have been caused by use of blunt force and rope like material. Some of the injuries were stated to be possible by friction against rough surface. The cause of the death was opined as asphyxia following strangulation by rope like material and the injuries were sufficient to cause death in the ordinary course of nature. The doctor preserved / sealed the cloth, viscera, scalp hair and vaginal swab and handed over to the police for chemical analysis. The parents of the deceased being Mohan Lal, PW 2 and Raj bala, PW 3 made statements to the police about dowry harassment of the deceased. During the course of the investigation, the appellant was arrested on 13. 04. 1991 whereafter he made a disclosure statement (Exhibit PW 12/a), which led to the recovery by the police of one cricket wicket and one cotton string, which are stated to be the weapons of crime causing asphyxia. The appellant also got recovered some jewellery items from a pit, which were found missing from the person of the deceased. These ornaments were identified by the parents of the deceased as those belonging to the deceased. The appellant was consequently charged under Section 302 of the Indian Penal Code (for short, ipc) on 18. 02. 1992 and an alternative charge under Section 304b of the IPC was also framed subsequently on 13. 01. 1993. The appellant pleaded not guilty and claimed trial.

(3.) LEARNED Additional Sessions Judge in terms of the impugned judgment dated 16. 01. 1997 held the appellant guilty of offences punishable under Section 302 of the IPC and, thus, found no necessity to discuss the alternative charge under Section 304b of the IPC and in terms of the impugned order of sentence dated 20. 01. 1997 sentenced the appellant to life imprisonment and a fine of Rs. 20,000/- and in default of payment to undergo sentence of one year RI.