JUDGEMENT
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(1.) Rajesh Kumar, appellant faced trial for offence punishable under Section 302 Indian Penal Code (for short 'IPC') for the murder of his wife Savita on 22.10.1997 and was convicted and sentenced as follows:- Convicted for the offence punishable under Section Sentence Rigorous Imprisonment Fine 302 IPC For life Rs. 5000 in default of payment of fine to further undergo rigorous imprisonment for six months. 25 Arms Act One year Rs. 500 in default of payment of fine to further undergo rigorous imprisonment for one month.
(2.) Brief Facts:-
On 22.10.1997 SI/SHO Prem Singh was present with his police party at Ram Lal crossing, Panipat where he received a message about receipt of dead body of Savita wife of appellant in General Hospital, Panipat. On receipt of information, he along with other police officials reached House No.660-R, Model Town, Panipat, the place of occurrence where the deceased was residing with her husband as tenant. There he met complainant Monika wife of Avinash Verma who got recorded her statement (Ex.PD) stating therein that at about 12.00 noon, she was present in her house. Appellant Rajesh was a tenant in the front room of her house and his brother Ramesh was also living with him. She heard a shriek and came out. She found Sugia Devi wife of Hit Narain Prasad, an employee in Annapurna Factory, Panipat standing at the gate of her house. While talking to her, she heard the voice of Savita (later referred to as the deceased) wife of appellant, "Aunty, save me, my husband has stabbed me". On hearing her shriek 2/3 times, she along with Sugia Devi went towards the door of her room and found that the deceased was lying on the floor with both her hands on her belly. The blood was oozing out. On enquiry, the deceased told that her husband had caused her injuries. She had brought her husband from Amritsar to Panipat with a view to reform him as he was not doing any work. He had dispute with her twice on this score. The complainant called her husband on telephone who took the deceased to Civil Hospital, Panipat in Ambulance of Narayan Dutt Hospital, where the deceased was declared brought dead.
(3.) On the statement of complainant Monika, Sub Inspector Prem Singh made endorsement Ex.PD/2 and sent it for registration of FIR, whereupon formal FIR Ex.PD/1 was registered. After recording the statement of complainant, he inspected the place of occurrence and got it photographed. The blood stained bed-sheet, pillow cover and chunni found at the spot, were put in a parcel, sealed and were taken into possession vide recovery memo Ex.PQ. A separate parcel of wrist watch, handkerchief and one kara (artificial) stained with blood found at the spot of incident, was prepared and taken into possession vide recovery memo Ex.PQ/1. The blood lying on the floor was taken on cotton swabs, put in a plastic box, sealed and taken in possession vide recovery memo Ex.PQ/3. Rough site plan of the place of occurrence Ex.PR with marginal notes, was prepared. After the inquest report (Ex.PM/2), application Ex.PM/1 was sent to the hospital for post-mortem examination of the dead body of deceased.;
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