PHOOL WATI Vs. STATE OF DELHI

JUDGEMENT

(1.) Circumstantial evidence relied upon by the prosecution forms the basis of conviction of Smt. Phool Wati and her husband Mewa Ram for the offences under Section 302 read with Section 34 and Section 201 read with Section 34 of the Indian Penal Code. After trial Shri J.B. Goel. AddI. Sessions Judge, Delhi found Smt. Phool Wati and Mewa Ram guilty of offences under Section 302 read with Section 34, I.P.C. on account of their having intentionally committed murder of Naresh Kumar. They have further been convicted under Section 201 read with Section 34 I.P.C. for having caused the evidence of murder to disappear. They have been sentenced to imprisonment for life under Section 302 read with Section 34 I.P.C. but no separate sentence has been awarded for the offence under Section 201 read with Section 34, I.P.C. vide judgment and order dated 27th January 1986.

(2.) Smt. Phool Wati has filed Appeal No. 79 of 1986 while her husband Mewa Ram has filed Appeal No. 99 of 1986 thereby challenging their conviction and sentence vide impugned judgment and order. Since both these appeals arise out of the same judgment and order they have been heard together and so are being disposed of by one judgment.

(3.) Shri L.K. Upadhayaya, Advocate has appeared for Smf.,Phool Wati appellant while Ms. Neelam Grover. Advocate has appeared for Mewa Ram appellant. Ms. Rupinder wasu, Advocate has appeared for the State. Ms. Neelam Grover learned counsel for Mewa Ram has submitted that there is no eye witness of this incident and the case is dependant on the circumstantial evidence relied upon by the prosecution. She has further submitted that the prosecution has failed and failed badly to complete the chain of facts so as to show that the accused and none-else have committed the murder of Naresh Kumar. She has in this way claimed that both the appellants are entitled to acquittal. Ms. Rupinder wasu learned counsel for the State has, on the other hand, claimed that it is a case in which Smt. Phool Wati wife of MewaRam was having illicit relations with Naresh Kumar. and in this way Mewa Ram had doubts about her chastity. It has further been submitted that Mewa Ram found his wife Smt. Phool Wati in compromising position with the deceased upon which he inflicted injuries to Naresh Kumar and Smt. Phool Wati also joined her husband in inflicting injuries. She has further submitted that there are circumstances proved by witnesses thereby completing the chain leading to the only conclusion that the appellant and appellants alone have committed the offence. She has in this way submitted that the appellants have rightly been convicted.