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2015 Supreme(Del) 3436

SANJIV KHANNA, R.K.GAUBA
Kailash – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Ajay Verma, Advocate
For the Respondents: Ms. Aashaa Tiwari, APP with Inspector Tulsi Ram, P.S. Najafgarh

JUDGMENT :

R.K. GAUBA, J.

1. By judgment dated 04.01.2011, the appellant was held guilty, as charged, for the offence of murder of his wife Saroj in the early morning hours on 09.09.2008 in the premises described as E-133, Indra Park, Najafgarh, New Delhi.

2. By order dated 18.01.2011, the trial court awarded imprisonment for life with fine of Rs.10,000/-, also directing that in the event of non-payment of fine, the appellant would undergo simple imprisonment for four months. The benefit of set off under Section 428 of the Code of Criminal Procedure, 1973 (“Cr. P.C”) was accorded.

3. The case of the prosecution, briefly put, was that the appellant was married to Saroj (hereinafter referred to as “the victim” or “the deceased”) about three years prior to the incident in question. She had given birth to a girl child, named Ruchi, who was about two years old when Saroj died. The appellant and the deceased with the infant daughter were living as tenants in the aforementioned property which was owned by Ram Chander (PW1). It is the case of the prosecution that Munni Devi @ Geeta (PW11), mother of the deceased, had also taken up residence in a nearby house, in the same locality, in the pro













































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