JUDGMENT :

Anup Jairam Bhambhani, J.

By way of the present appeal, the appellant Vikas challenges judgment of conviction dated 30.09.2019 and sentencing order dated 11.10.2019, by which the learned ASJ/Special Judge (NDPS), North District, Rohini Courts, Delhi has convicted the appellant for murder under section 302 of the INDIAN PENAL CODE , 1860 (“IPC”) in case FIR No. 477 dated 15.07.2014 registered at P.S.: Adarsh Nagar, Northwest Delhi; and has sentenced him to rigorous imprisonment for life along with fine of Rs. 50,000/-; and in default of payment of fine, to simple imprisonment for 2 years.

Brief Facts

2. The matter relates to the murder of one Mikki alias Zeenat Anjum (deceased/victim) who was the appellant’s sister-in-law, being the wife of the appellant’s brother Ajeet. The case of the prosecution is that on 15.07.2014, between 09:30 a.m. and 11:45 a.m., the appellant Vikas killed the victim by strangulating her using the wire of a mobile-phone charger [seized vidé seizure memo Exb. PW-18/4 and Exb. PW-18/8] at the latter’s residence at H. No. 59, First Floor, near Tikona Park, Kewal Park, Azadpur, Delhi.

3. The allegation against the appellant is that immediately after killing the victim, the appellant called his brother Ajeet [PW- 5], who was also the husband of the deceased, at about 11:45 a.m. on his mobile No. 9999930745 and confessed to him that he had murdered the victim. The appellant is also stated to have informed PW-5 that he had locked the place of offence and had placed the keys inside a “Champion 6090” van [CDR of mobile No. 9999930745 used by PW-5 is Exb. PW-20/B]. The appellant is alleged to have been using mobile No. 9958179832 issued in the name of PW-11 Ramesh Singh, who is the appellant’s brother-in-law i.e. husband of the appellant’s sister Babita, though the latter does not admit to this. [CDR of mobile No. 9958179832 is Exb. PW-21/B].

4. The prosecution says that following the phone call received from the appellant, PW-5 went to the factory of PW-17 Mohd. Bilal, who was the brother of the deceased; and the two of them went to the place of offence, where they found the victim lying dead on the bed.

5. It is further the case of the prosecution that at about 12:30 p.m. the appellant met PW-19 Rajesh Kumar, who used to work as a delivery van driver in the same mandi, as the appellant. It is alleged that the appellant also confessed to PW-19 that he had killed the victim. Thereupon, PW-19 is stated to have advised the appellant to approach the police.

6. The prosecution says that PW-5 made a call to the police at about 2:30 p.m. pursuant to which DD No. 22/A dated 15.07.2014 came to be recorded [Exb. PW-14/1].

7. Upon receipt of DD No. 22-A, PW-27 Inspector Parveen Kumar, SHO, P.S.: Adarsh Nagar, Delhi reached the place of offence, where he met PW-18 S.I. Sandeep Kumar as well as PW-9 Ct. Nitin Kumar who had also reached the spot upon receipt of DD No. 22-A. The SHO called the crime team to the spot, which inspected and photographed the spot [photographs are Exb. PW-3/A1-12]. The body of the deceased was found lying on a bed with strangulation marks on the neck. A “Samsung” mobile-phone, a broken mobile-charger and a bunch of keys were found lying next to the body [seized vidé seizure memo Exb. PW-18/1]. Another broken mobile-phone charger was recovered from under a pillow on the bed where the body was lying [seized vidé seizure memo Exb. PW-18/4]. The body was moved to the mortuary at Babu Jagjivan R