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2019 Supreme(Del) 1215

HIMA KOHLI, MANOJ KUMAR OHRI
LAXMAN GUPTA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
Rakhi Dubey, Adv., Aashaa Tiwari, Adv.

JUDGMENT :

Manoj Kumar Ohri, J.

The present appeal arises out of the judgment on the conviction dated 07.04.2018 and order on sentence dated 27.04.2018 in Sessions Case No. 45056/2015 arising out of FIR No.288/2015, under Sections 302/498A IPC, P.S. Khajuri Khas.

2. The appellant has been convicted under Section 302 and has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- in default of which he has been directed to undergo R.I. for one year.

3. So far as Section 498A IPC is concerned, the appellant was acquitted. Besides Section 302 IPC, an alternate charge under Section 304B IPC was also framed against the appellant, however, in view of the appellant being held guilty under Section 302 IPC, the offence under Section 304 B IPC was held to be not made out.

4. The offence saw the light of the day on 18.03.2015 when the appellant, on his own, went to P.S. Khajuri Khas and confessed to having killed his wife Suman Devi, on 16.03.2015. While making the said confession, the appellant also stated that for the last 1 1/2 months he had been residing with his wife in a rented room and on 16.03.2015, a Monday morning, there was a quarrel between him and his wi








































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