LUCKY NOEL Vs. STATE OF DELHI

JUDGEMENT

(1.) The appellant is aggrieved by the judgment dated 25.9.2018, passed by the learned Additional Sessions Judge in Sessions Case No.441011/2016, arising from FIR No.151/2013, PS Chhawla whereunder, he has been convicted under Section 302 IPC for the murder of his mother, Venus Noel. In terms of the order on sentence dated 27.9.2018, the appellant has been sentenced to undergo imprisonment for life with a fine of Rs.2,000/- and in default of payment of fine, directed to undergo simple imprisonment for a period of six months.

(2.) The investigation in the present case commenced on 26.5.2013, when the appellant arrived at PS Chhawla alongwith his wife and reported that he had left his mother at her home on the first floor of House No.1, A Block, Qutub Vihar, Goyla Dairy, Najafgarh, New Delhi on 25.5.2013, but on visiting her on 26.5.2013, he found the premises locked. The said complaint was reduced into writing vide DD No.29A and marked to SI Vikas Yadav, who along with Constable Naveen Kumar accompanied the appellant to the above premises. Inquiries were made from the neighbourhood but nothing could be ascertained by the police. On arriving at the residence of Venus Noel, the appellant broke open the lock in the presence of the police. On entering the house, the dead body of a lady was found lying on the floor, which was identified by the appellant as that of his mother. The statement of the appellant was recorded by SI Vikas Yadav, who prepared the rukka and handed it over to Constable Naveen Kumar at around 5 P.M. for getting the case registered. FIR No.151/2013 was registered on the same day at PS Chhawla at 6.10 P.M. and thereafter, the investigation was marked to Inspector Ashok Kumar, who reached the spot with the staff. On conclusion of the investigation, the charge sheet was filed and vide order dated 11.0.2013, the trial court framed charge against the appellant under Section 302 IPC.

(3.) To bring home the guilt against the appellant, the prosecution has examined 28 witnesses in all. Sh. Wilfred Noel, husband of the deceased, appeared as PW-1 and deposed that he and his wife were staying on the first floor of premises No.1, A Block, Qutub Vihar, Goyla Dairy, Najafgarh, New Delhi for four years prior to the crime; that he had four children, i.e., two sons and two daughters. The appellant, who is the younger son, was residing with his family in Trans Yamuna for the past five years. Similarly, the elder son, Deepak Noel (PW-2) and his family were residing separately; that two months before the incident, the appellant's wife had left for Jhansi to undergo training in a nursing course and he had shifted to his parents' home; that about one month prior to the incident, PW-1 had moved from his home to a rented accommodation at Goyla Dairy. The witness stated that a couple of days prior to the date of the incident, his wife had called him on his mobile phone and had asked him to arrange some amount to pay the rent to the landlord, but he had expressed his inability to pay the same on account of paucity of funds. On 26.5.2013, PW-1 received a telephone call from the appellant's wife, Deepika, informing him that his wife had expired and asking him to come over. On reaching his home, PW-1 found the appellant present there. The dead body of Venus Noel lying there was shifted by the police officers to RTRM Hospital, Jaffarpur. PW-1 and the appellant were taken to the Police Station where they were detained for three days. On being released, he had gone to RTRM Hospital, identified the body of his wife vide identification memo Ex.PW1/A. After the postmortem was conducted on the dead body, it was handed over to the witness.