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2023 Supreme(Del) 4547

MUKTA GUPTA, POONAM A. BAMBA
Shivam Singh @ Nanhe – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Biswajit Kumar Patra, Advocate, for the Appellant(through video conferencing).
Ms. Shubhi Gupta, APP for State, with Insp. Sachin Kumar and SI Sunil Verma, PS Govind Puri.

JUDGMENT

Mukta Gupta, J. By this appeal, the appellant challenges the judgment of learned Trial Court dated 27th May, 2019 whereby the appellant was convicted for murder of his wife Arti ("deceased"); and also the order on sentence dated 4th June, 2019 whereby the appellant was directed to undergo rigorous imprisonment for life along with fine of Rs.1,000/- in default whereof, simple imprisonment for one month for offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC").

2. Brief facts of the case are that on 17th April, 2015 at about 9.00 AM, Geeta Devi (PW-1), who was the mother of the deceased, went to meet her daughter/deceased, who was residing with the appellant in a rented room at H.No. RZ-311/B, Gali No.20, Tughalakabad Extn. When she reached the said room, she could not find her daughter on which she sought help of the landlord Rohit Kumar Sharma (PW-3) of the house to find her daughter/ deceased. The room was thereafter, opened with the spare key, and inside the room, her daughter/deceased was found lying dead, her body covered with a bed sheet and foul smell coming inside the room. Thereafter, PW-3 made a call to the police at number 100 and the inform

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