Decided on May 25,2023

Vinay Kumar Kushwha Alias Gullu Appellant
STATE Respondents


POONAM A.BAMBA,J. - (1.)Vide this appeal, the appellant assails the judgment dtd. 18/1/2019 ( 'impugned judgment ' in short), whereby the appellant was convicted for murder of his wife; and order on sentence dtd. 29/1/2019, whereby the appellant was sentenced to life imprisonment under Sec. 302 of the Indian Penal Code, ( 'IPC ' in short) with fine of Rs.2,000.00, in default to undergo rigorous imprisonment for two months.
(2.)Briefly stating, case of the prosecution is that on 27/8/2012, at about 5.00 am, an information was received at Police Station Chhawala from the duty constable Ajay Pal from Rao Tula Ram Memorial Hospital, ( 'RTRM Hospital ') Jaffarpur, New Delhi-110073, regarding admission of one Vikas son of unknown, aged about 25 r/o VPO Ghumanhera, New Delhi, in injured condition due to some unknown reasons, by his friend Ravinder (PW-16) vide MLC no. 3717/12 (Ex. PW-8/A) and on the basis of the said information, DD no. 5A (Ex. PW-1/A) was registered; and the same was handed over to HC Karamvir for necessary action. Patient/injured Vikas (deceased) was referred to Safdarjung Hospital for further treatment, while shifting him to Safdarjung Hospital, Vikas expired on the way; information about his death was sent to Police Station Chhawla by Ct. Ajay (duty constable) and the same was recorded vide DD no. 8A (Ex. PW-1/B). DD no. 8-A was handed over to SI Hari Singh (PW-25), who along with Ct. Ramesh and Ct. Rambir reached RTRM hospital, where HC Karamvir met him and handed over copy of DD no. 5-A as well as MLC of Vikas. Thereafter, PW-25 got preserved the dead body of Vikas in the mortuary of RTRM hospital vide his request Ex. PW-25/A and met Ravinder (PW-16) (who got admitted the injured in RTRM hospital) and made inquiries and thereafter, they came at the spot. On inspection of the spot, it was revealed that the place of incident falls within the jurisdiction of PS Jafarpur Kalan and accordingly, PW-25 handed over the relevant papers/documents to HC Devender (PW-5), duty officer of PS Jafarpur Kalan. PW-5 recorded the same vide DD no. 15-A (Ex. PW-5/A) and the documents were handed over to HC Krishan Kumar (PW-14) for necessary action vide DD no. 16-A (Ex. PW-5/B). Information in this regard was also sent to Insp. Rajesh Dahiya, SHO/IO, PS Jafarpur Kalan, (PW-27) who requisitioned District Crime Team and left for the scene of crime. PW-27 reached at the spot i.e. near a jhuggi/tent, construction site, gram sabha land, Forest Department, Village Ghummanhera, Delhi and found that construction of boundary wall of Forest Department was being carried out in the fields of village Ghummanhera; there were many jhuggi/temporary tent structures at the site; and blood was found on the mattress/cot lying outside the tent, in which Vikas and Ravinder were living. Place of occurrence was got inspected through SI Khajjan Singh (PW-23) vide crime team inspection report Ex. PW-23/A and same was also got photographed through HC Ashok Kumar (PW-17); and seven photographs (Ex. PW-9/A and negatives Ex. PW-17/A) were taken. Inquiry from the labourers present at the spot was made and statement of Hari Ram (PW-4) was recorded by the Ins. Rajesh Dahiya (PW-27). PW-4 stated that he as well as other labourers had been residing in the temporary jhuggies/tents situated near under-construction boundary wall and was doing labour work with contractor Satyaprakash Gupta. In the evening of 26/8/2012 after taking dinner, he along with his family member was taking rest in the jhuggi. At about 8.00 pm, one Gullu/appellant, who used to reside in the adjacent jhuggi, came out of his jhuggi and started abusing. When his wife Bhuri (PW-2) objected to it, the appellant misbehaved with her. He (PW-4) tried to make him understand, but the appellant being under the influence of liquor, did not pay any heed. PW-4 then went to call other persons from the nearby tents and on his asking, Ravinder Kumar (JCB driver on site) (PW-16) and his helper Vikas/deceased came along with him and they also tried to make him understand, but to no avail. Rather, he started misbehaving and quarreling with them also. Thereafter, they all beat the appellant and he went towards the fields while extending threats to them. Then all of them went away to their respective jhuggis to sleep. In the mid-night at around 2.00 am, on hearing some noise, he (PW-4) came out of his jhuggi and found that the appellant was standing there and started quarreling with him. He called out Ravinder (PW-16) and Vikas/the deceased for help.
Then, the appellant stopped quarreling with him and instead moved to and went to the tent of Ravinder and Vikas and picked up a brick from the nearby brick-kiln, hit on the head of Vikas/deceased, who was sleeping on a cot outside the tent. He raised alarm and ran towards the appellant but the appellant ran towards the field with the brick and he could not be apprehended despite chase. On coming back, he came to know that Vikas had been taken to RTRM Hospital by other persons. On PW-4 's statement an endorsement was made by PW-7, rukka Ex. PW27/A was prepared and was sent for registration of FIR through Krishan Kumar (PW-14).

2.1. During further investigation, PW-27 Ins. Rajesh Dahiya prepared the site plan (Ex. PW-27/2) at the instance of the complainant ; recorded the statements of the witnesses; lifted exhibits from the spot and sealed and seized the same vide seizure memo Ex. PW-12/A and then deposited the same in the malkhana. Efforts to apprehend/arrest the accused were made. On 29/8/2012, after establishing of the identity of the deceased, the postmortem examination was got conducted and thereafter, the body was handed over to the relatives vide handing over memo Ex. PW-20/B.

2.2 Dr. Parvinder Singh, PW-9, Junior Specialist, Department of Forensic Medicine, RTRM Hospital conducted post mortem vide report Ex. PW9/A and opined as under:

"P.M No. 183/12

Conducted by Dr.Pravindra Singh

Case FIR No. 96/12 u/s 302 IPC Dt. 27/8/2012

Date and Time 29/8/2012 At 2:15 pm

P.S JaffarpurKalau, New Delhi

Name: Vikas Age: approx. 24 years

Date and time of Admission: 27/8/2012 at 4:16 am

Date and Time of Death : 27/8/12 at 6:15am

Casualty No. CR No. E.No.50681

MLC No. 3717/12 ...

Alleged History of assault causing head Injury. Taken to RTRM Hospital Casualty, where he got first aid and referred to RMLH/AIIMS trauma centre for further management but died on the way and declared brought dead at 6:15 am Date 27/8/12 and body preserved in the mortuary till post mortem started. ...

External Injuries :

1. Abraded contusion of size, 3x1 cm Situated over left side of forehead

2. Abraded contusion of size 3.5x1.0cm, present over lateral aspect of left eye

3. Abraded contusion of size 3x1.5cm present over below and lateral to left eye

4. Swelling 9x7cm present over temporo parietal region of the skull on left side

5. Lacerated wound 1.8x1.0cm situated over upper part left pinna(ear)

6. Lacerated wound 1.5x0.5cm present over middle part of left ear pinna

7. Multiple abraded contusions present in an area of 6x2cm over left temporal area of skull

8. Abrasion, 1.5x1cm present over back of left ear temporal area of skull ...

(6) HEAD

(a) Scalp : Effusion of blood present under the scalp over left front temporoparietal occupied area of skull with underlying fractures of left temporals parietal fractal and occipital bones (linear fracture) present

(b) Skull Bone : Effusion of blood present under the scalp over left front temporoparietal occupied area of skull with underlying fractures of left temporals

(c) Haemorrhages : subdural and subarachnoid haemorrhage present over brain (entirely) clotted and free blood present at the brain base ( approx. 150ml.)

(d) Meninges and Brain : : subdural and subarachnoid haemorrhage present over brain (entirely) clotted and free blood present at the brain base ( approx. 150ml.)

(e) Contusions : Contusions laceration of brain substance present under fracture sites

(f) Lacerations: Contusions laceration of brain substance present under fracture sites

(g)Ventricles : Intact

Articles/ specimen preserved : photographs taken Sealed with seals of RTRM hospital and handed over to I.O


1. Death in this case is due to cranio-cerebral damage (head Injury), consequent to the injury described above. All the injuries are antemortem in nature and recent in duration and caused by hard blunt force impact and is sufficient to cause death in ordinary course of nature

2. Time since death is two days and nine hours as per hospital record. "

2.3 After postmortem examination, sealed exhibits of the deceased were taken into possession vide seizure memo Ex. PW-21/A. Subsequently, information regarding the appellant being lodged in District Jail Jhansi, UP in case FIR no. 179/12 under Arms Act was received and he was arrested vide memo Ex. PW26/B and at his instance, site identification memo Ex. PW24/B was prepared. Exhibits of the case were sent to FSL, Rohini. On completion of investigation, charge-sheet u/s 302 IPC was filed against appellant. After receipt of FSL result (Ex. A-1), same was filed in the Court vide supplementary charge-sheet.

(3.)In order to prove its case, prosecution examined 28 witnesses.

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