R K Gauba, J. - (1.)Geeta, aged about 40 years, wife of the appellant suffered homicidal death sometime around 10:30 p.m. on 06.08.2016 at the first floor of the property described as E-7/445-446, Sultan Puri, it being the property where the deceased was living in a rented accommodation with her family that included the appellant (husband), her daughter Laxmi (PW-10) and a son Vikas (PW-2).
(2.)The first information report (FIR) No.465/2016 (Ex.PW-11/C) was registered in the Police Station Sultan Puri at 0215 hours on 07.08.2016 pursuant to the rukka (Ex.PW-19/A) of Sub-Inspector Rajender Singh (PW-19) it, in turn, being based on statement (Ex.PW8/A) of Sunita (PW-8), an immediate neighbor. As per the FIR, the appellant had stabbed Geeta to death in the presence, inter alia, of the first informant (PW-8) and her son Vikas (PW-2) after a quarrel. The investigation having been completed, report (charge sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was submitted seeking trial of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (IPC), his daughter Laxmi (PW-10) also having been cited as an eye witness.
(3.)The appellant was brought to trial on the charge under Section 302 IPC which was framed on 24.11.2016, the gravamen being that he had committed the murder of Geeta on the said date and time at the aforementioned place. The prosecution led evidence, inter alia, by examining the aforementioned three witnesses, described as eye witnesses, also resting its case on recovery of knife (Ex.P1) which had been used in the crime, at the instance of the appellant. The appellant had pleaded innocence, his defence being that his daughter (PW-10) had lodged an FIR for offence under Section 376 IPC against certain persons who used to threaten her and the family and it is those persons who had given the fatal injuries to Geeta either on their own or through their hired associates. The appellant also accused one Praveen, resident of Meerut, to be habitual of giving threats to him and his wife, though pleading ignorance as to reasons for such threats. He did not lead any evidence in defence.