Decided on March 01,2007



P.K.BHASIN, J. - (1.) The appellant Shashi Nath Mishra, who has been convicted for the murder of one Kalpana Devi wife of PW-12 Vishwanath, vide judgment dated 26.11.2002 passed by learned Additional Sessions Judge, Delhi in Sessions Case No. 60/99 in respect of FIR No. 569/98, Police Station Prasad Nagar, has filed this appeal feeling aggrieved by his conviction and sentence of life imprisonment imposed vide order on sentence dated 30.11.2002.
(2.) The prosecution case is that the appellant was living in a room in which the deceased and her husband (PW-12) were also living. The husband of the deceased was a chowkidar. On 03. 12. 1998 when the husband of the deceased had gone to attend some marriage in the evening the appellant was seen entering the house where he was living with the deceased and her husband around 7.30 p.m. by PW-4 Om Prakash who was having a tent shop near their house. When PW-12, Vishwanath, husband of the deceased, came back to his house after attending the marriage along with his cousin Baijnath, he did not notice his wife in the house. He enquired from PW-4 Om Prakash about his wife who told him that he had not seen his wife. Thereafter, he along with Om Prakash came back to his house and searched for the deceased who was then found lying dead in a room by the side of the staircase. The police was informed.
(3.) Inspector Dinesh Tiwari, PW-24, came to the spot and conducted the inquest proceedings. He also recovered various articles from the place of incident which included one pen having a photo of Sai Baba on it lying in between the legs of the deceased. This police officer noticed teeth bite mark on the right cheek of the deceased and abrasion marks over her left chest and left elbow. He also noticed knife injuries on her body and a ligature mark on her neck. One knife was also found lying at the spot besides some broken pieces of bangles. On the basis of his own observation of the place of occurrence Inspector Tiwari prepared a rukka for registration of a case under Section 302 IPC and then sent it to the police station where a formal FIR under Section 302 IPC was registered. It appears that the husband of the deceased claimed before the police that some days before the incident he had given a pen having a photo of Sai Baba on it to the accused Shahi Nath Mishra who was also his cousin brother and that very pen was lying at the place of incident in between the legs of the deceased. He got suspicious about the involvement of the accused Shashi Nath Mishra in the murder of his wife. The police then started searching the accused and in the meantime PW-4 Om Prakash also appears to have claimed before the police that he had seen the accused entering the house of the deceased on 03.12.1998 at about 7:30 p.m. On the basis of some secret information, accused was spotted at Ajmal Khan Park where he was hiding himself behind the bushes in the park. He was arrested and during interrogation he made a disclosure statement pursuant to which he got recovered his blood stained clothes from a service lane where they were kept in a hedge. Samples of nail clippings of the accused were taken and a mould of his teeth was also got prepared. The same along with various articles seized from the spot were sent to CFSL for chemical examination. As per the CFSL report Ex. PW-24/G-1 blood was detected on the pant of the accused which he had got recovered but blood group could not be ascertained. The mould of the teeth of the accused did not tally with the teeth bite marks which were noticed on the cheek of the deceased.;

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