SURENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) It is allegation against the appellant (Surender) that on 21.3.2003 at 6/6.30 p.m., in his house he had committed murder of his wife Rajwanti by giving her injuries with a kulhari. Vide the impugned judgment and order dated 1.4.2005, the appellant was convicted for commission of an offence under Section 302 IPC, sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/- with a default clause. Hence, this appeal.

(2.) Process of law was initiated on a statement (Ex.PA) made by PW7 Smt.Ram Murti (mother of the appellant) at about 6.00 a.m. on 21.3.2003. Her statement was recorded by SI Ram Mehar (PW11)), which led to the recording of an FIR (Ex.PA/1) against the appellant on 22.3.2003 at 6.20 a.m. in police station City Sonepat. Initially, FIR was recorded for commission of an offence under Section 324/506 IPC. Rajwanti wife of the appellant died in the hospital on 30.3.2003 at 2 pm, whereupon offence under Section 302 IPC was added in FIR.

(3.) The trial Judge has noted the following facts regarding case of the prosecution:-