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2017 Supreme(Del) 4366

S.MURALIDHAR, REKHA PALLI
Umesh Kumar – Appellant
Versus
State NCT of Delhi – Respondent


Advocates Appeared:
For the Appellant :Mr. K. Singhal, Advocate
For the Respondent: Ms. Radhika Kolluru, APP

JUDGMENT :

S. Muralidhar, J.

1. This is an appeal by Umesh Kumar against the judgment dated 5th June 2017 passed by the learned Additional Sessions Judge (‘ASJ’), North District, Rohini Courts in Sessions Case No. 59027 of 2016 convicting him for the offence under Section 302 IPC for committing the murder of his wife Pinki and the impugned order on sentence dated 4th July 2017 whereby he was sentenced to undergo imprisonment for life and to pay a fine of Rs. 25,000/- and, in default of payment of fine, to undergo simple imprisonment for a further period of one year.

Case of the prosecution

2. The case of the prosecution was that on 1st February 2016, information was received by the Central Police Control Room (‘CPCR’) at 11.34 am that at Swaroop Vihar, Gali No.2 “ek lady ne phasi laga li”. The message was transmitted to two police vans - CMD-58 and TGR-53A - at 11.44 am on the same day. The police van CMB-58 reached the spot at 12.06:59 pm. The report received from the said police van on 1st February, 2016 at 12.17: 37 was as under:

“Call is true. Lady pinki w/o umesh age 25 sal, r/o above hai usne gale me chunni se fanda laga kar farsh par padi hai kahan par band kar fanshi lagai hai n




























































































































































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