Vinod Goel - (1.) This Criminal Leave Petition has been filed by the State against the impugned judgment dated 19.09.2018 passed by the court of the learned Additional Sessions Judge-I (North-West), Rohini Courts, Delhi ('ASJ'), acquitting both the respondents of the offences under section 302 read with section 34 of the Indian Penal Code, 1860 ('IPC').
(2.) As per the case of the prosecution, on 17.07.2017 the respondent no.1, Damodar @ Dharamveer (A-1) brought his 7 year old daughter Tanisha (since deceased) to SGM Hospital where she was declared 'brought dead'. The post mortem was conducted by PW-7, Dr. Munish Wadhawan, CMO, SGM Hospital and he opined that the death was due to asphyxia as a result of ante-mortem manual strangulation. PW-13, ASI Baljit prepared the rukka vide DD No.32 PP and got an FIR registered as the death was homicidal in nature. Investigation was assigned to Inspector Shri Kishan (PW-15). Both the accused (A1 and A2) were arrested on 19.08.2017 after PW-11 Lala Ram, uncle of the deceased pointed a needle of suspicion on them.
(3.) The motive to kill the deceased as per the case of the prosecution, is recorded by the learned ASJ in para 30 of the impugned judgment, which reads as under :- "30. As stated above, as per the case of the prosecution, the wife of accused Damodar @ Dharamveer had died in the month of June, 2017 due to jaundice and after her death, he wanted to marry Swati d/o Shishu Pal residing in the vicinity and she had reservations about marrying him due to his children and hence on the fateful day he killed his daughter Tanisha aged about 7 years by strangulation in his house with the help of his nephew Sanjay so that he could marry the said Swati.";