- (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:- "that Surender accused was married with Rajwanti about 10/12 years back. He has got three children named, Priyanka, Rahul and Deepak. The accused was earlier working as a Muneem but for last some time he was without a job. His wife Rajwanti was working in a toys factory at Bahalgarh on a salary of Rs.2500/- per month. On 21.3.2003, Rajwanti returned from the factory to her house between 6 and 6.30 p.m. Surender accused also came to his house from outside. His mother Murti complainant was preparing tea in the kitchen. On coming to his house, Surender accused closed the iron gate of his house and entered the room. The complainant called Rajwanti for serving her water. In the mean time, Surender came out of the room and stated that he will teach a lesson to his wife Rajwanti for going to the factory with a motor cyclist. As soon as Rajwanti bent for taking out water, she was attacked with an axe by the accused who gave many blows to his wife. When Murti complainant tried to rescue Rajwanti from the accused, she also suffered injuries. In the mean time, complainant's other son Om Parkash and Rampati came there. They got opened the door. Om Parkash took Rajwanti by a TATA Sumo to Civil Hospital, Sonipat, from where she was referred to Delhi. While running away from the spot, the accused stated that she (Rajwanti) had been saved that day and he will kill her in future and will teach her a lesson for going with a motor cyclist.";