SARVJEET Vs. STATE

JUDGEMENT

(1.) The present criminal appeal has been filed against the impugned judgment dated 26.02.2011 passed by the Court of Ld. Additional Sessions Judge/ Special Judge (NDPS), West Delhi ("ASJ") in Session Case No.50/2010 vide FIR No.25/2010 u/s 302/304B/498A IPC, PS Moti Nagar, convicting the appellant for the offence under Section 302 of the Indian Penal Code, 1860 ("IPC") and order on sentence dated 28.02.2011 sentencing him to undergo imprisonment for life along with a fine of Rs.50,000/- and in default of fine, simple imprisonment for two months. The Ld. ASJ however, by the impugned judgment acquitted the appellant of the offence under Sections 498A and 304-B of the IPC.

(2.) As per the factual matrix, the appellant and the deceased got married on 20.10.2004 as per the Arya Samaj rites and rituals. The couple was blessed with a daughter named Prachi in June, 2006. On 30.01.2010, the appellant made a telephonic call to the deceased's father, Mr. Shanti Prakash Sardana (PW-1), at about 1:45 AM and informed him that she had fallen ill and has to be taken to a Hospital. PW-1 along with the deceased's sister-in-law, Mrs.Shiksha Sardana (PW-5) reached the appellant's house where they found the deceased in an unconscious condition and took her to Khetrapal Hospital where she was declared as "brought dead". PW-1 along with PW-5 and the appellant then took the deceased to Acharya Bikshu Govt. Hospital, Moti Nagar where after examination, she was declared as "brought dead".

(3.) Dd No.6A (Ex.PW11/A) was recorded on 30.01.2010 by HC Mewa Ram (PW-20) posted at P.S. Moti Nagar after a call was received from Acharya Bhikshu Hospital about the deceased being brought to the Hospital by her father and husband and declared as "brought dead". It was marked to ASI Krishan Chander (PW-11) who accompanied Inspector Jagminder Malik (PW-21) to Acharya Bhikshu Hospital on the intervening night of 29/30.01.2010. PW-1 refused to give his statement to the Police Officials as he informed them that his son had gone to London and his wife had gone to Kota and he would give a statement only on their return. The dead body was taken to DDU hospital for preservation by Constable Jai Prakash (PW-16). ASI Jai Singh (PW-9), Incharge of the Mobile Crime Team (West) on receiving information from P.S. Moti Nagar reached the house of the appellant at WZ 81/1, Gali no.10, Ram Garh Colony at 5:30 AM and inspected the house till 6:00 AM. He submitted his report, Ex.PW9/A. He found that the injured was taken to the Hospital. He got the photographs of the site taken from the photographer, Ct. Anil Kumar (PW-19). PW-11 along with PW-21 also reached the appellant's house and inspected the scene of crime. PW-19 proved the negatives of the photographs, Ex.PW19/1 to Ex.PW19/5 and the positives, Ex.PW19/6 to Ex.PW1/10.