RAJESH @ RAJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment dated 24.12.2014 and order of sentence dated 2.1.2015 passed by the learned Additional Sessions Judge, Bhiwani, convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment of life and to a pay fine of Rs.20,000/- and, in default of payment of fine, to further undergo simple imprisonment for three months.

(2.) As per the prosecution case, complainant Dharambir submitted an application Ex. P.14/A to the effect that during the intervening night of 27/28.09.2013, his cousin brother Bhagmal, telephonically informed him that appellant-Rajesh had killed Bhateri, wife of his real brother Daya Kishan by strangulation with shoulder cloth (Gamchha). On hearing the cry, Bhagmal (PW2) along with neighbours reached the house of Daya Kishan by scaling the wall and saw the appellant strangulating the deceased with shoulder cloth and after that he reached there and saw the deceased lying in the last room of her house.

(3.) PW1-Dr. Ankit, Medical Officer, Dhigal, District Jhajjar, proved on record the post mortem report and stated that the cause of death in this case was asphyxia due to ante-mortem strangulation. In his cross-examination, this witness stated that the instant case was not a suicidal but a homicidal and that the probable duration between the death and postmortem examination was within 24 hours. It was further stated that possibility of sustaining no other injury except the injury caused due to juridical hanging, could not be ruled out.