CRL.A. 232/2016

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.A. 232/2016

RAJ KUMAR

..... Appellant

Represented by:

Mr.Chetan Lokur, Advocate `

with Mr.Nitish Chaudhary,

Advocate

versus

STATE

..... Respondent

Represented by:

Mr.Varun Goswami, APP with

Insp.Devendra Rathi, P.S.Sarai

Rohilla

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MS. JUSTICE MUKTA GUPTA

MUKTA GUPTA, J.

1.

Battered and tormented, Gudia has been held to have suffered a

homicidal death in the afternoon of May 13, 2014 at the hands of her

husband Raj Kumar resulting in his conviction under Section 302 IPC vide

impugned judgment dated October 14, 2015 and a sentence of imprisonment

for life vide impugned order dated November 16, 2015.

2.

Gudia, working as a maid in different houses and Raj Kumar selling

kachories as a mobile vendor were blessed with two sons aged 4 and 5 years

respectively at the time when the unfortunate incident took place. Ordeal for

Gudia started on the eve of May 12, 2014 when at around 8.00-9.00 PM a

quarrel took place between Hemraj and Raj Kumar, resulting in Hemraj

showing his photograph with Gudia to Raj Kumar. Shanti PW-4 a local

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resident of the jhuggi cluster, who witnessed the quarrel, kept Gudia at her

Jhuggi that night but on the next day at about 1.30 pm found her

unconscious. Shanti along with her husband and Raj Kumar took Gudia to

the hospital where she was declared brought dead. Shanti got recorded her

statement narrating the sequence of events on which FIR was registered. .

3.

Dr.S. Lal PW-12 conducted the post-mortem on the dead body of

Gudiya on May 14, 2014 at about 12.45 pm and found the following

external injuries:-

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4.

Dr.S.Lal opined the cause of death to be asphyxia due to ante mortem

compression of neck produced by means of ligature and sufficient to cause

of death in ordinary course of nature. All injuries were ante-mortem in

nature, fresh in duration. Injury No.1 was produced by ligature, injury Nos.

5,8 and 9 were caused by nails and injuries no.2, 3, 4, 6, 7, 10, 11, 12, 13

and 14 were caused by blunt force impact and possible in assault. After

examining the belts (black and brown colour) and the nylon cloth (yellowish

Green), Dr.S.Lal opined that possibility of homicidal death cannot be ruled

out and that ligature mark was possible by yellowish green colour nylon

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cloth and unlikely to be caused by black and brown colour belts.

5.

Learned counsel for the appellant attacking the impugned judgment

contends that the learned Trial Court on Shanti’s evidence erroneously

inferred that Gudia was last seen alive with Raj Kumar whereas Shanti saw

Gudia and Raj Kumar together only at 9.00-9.30 AM on the May 13, 2014

when Raj Kumar took Gudia from the jhuggi of Shanti to his own jhuggi.

When Shanti saw Gudia in her jhuggi at around 11.00-12.00 noon, Raj

Kumar was not present. Even at 1.30 PM on May 13, 2014 when Shanti

was informed by Gudia’s son that Gudia was lying unconscious, Raj Kumar

was not present. As per the FSL report ethyl alcohol was found in the

stomach, intestine, liver, spleen, kidney and blood of the deceased which

fact has not been deposed by Shanti and thus she is not a truthful witness.

There is no corroboration to the testimony of Shanti except by an interested

witness Hemraj, hence conviction cannot be based on her testimony. Even

as per Shanti she used to leave for work at 9.00 AM in the morning and

come back at 6.00 PM in the evening. Thus her presence at around 10.00-

11.00 AM and thereafter at about 1.30 PM on May 13, 2014 is doubtful. As

per Shanti, even Raj Kumar used to leave for the job at 9.00 AM and come

back in the evening sometime at 9.00 PM or 10.00 PM or 11.00 PM. When

Shanti visited the Jhuggi at 10.00-11.00 AM, Raj Kumar was not found