Chander Pal v. State

RASEHGAL,J.

G. S. SISTANI, J. MAY 29,2015 gr Crl. Appeal No. 463/2015 Page 19 of19

% H * IN THE fflGH COURTOF DELHI AT NEW DELHI + CRL.A. 463/2015 & Crl. M. (B) 3326/201 Judgmentdeliveredon 29'^May, 2015 CHANPERPAL Appellant Through : Mr. JiveshTiwari,Advocate Versus STATE • Respondent Through : Mr. FerozKhan Ghazi,APP for the State CORAM : HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL. J. 1. Present appeal arise out of a judgment dated 13.02.2015and order on sentence dated 23.02.2015 passed by the learned Additional SessionsJudge in SessionCase No. 145/10,by virtue of whichthe appellant has been convicted under Sections 302/201 of the Indian Penal Code, 1860 (hereinafterreferred to as "IPC"), and sentenced to undergo Imprisonment for life and to pay a fine of Rs. 10,000/- for the offence punishable under Section 302 of the Indian Penal Code, and in default of the payment of fine to further undergo Simple Imprisonment for a period of three months; The appellant was further sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- for the offence punishable under Section 201 of the Indian Penal Code, and in default of the payment of fine to further undergo Simple Imprisonment for a period of one month. Crl. Appeal No. 463/2015 Page 1 of19 w 2. The brieffacts ofthe case as noticedby the learnedTrialCourtare that : 1. DeceasedKishan Pal, alongwithhis wife Sunitaand childrenwas residing at Farm Khasra No. 523/2, Neb Sarai, New Delhi and was plying a goods-rickshaw. Accused ChanderPal, being elder brother of deceased KishanPal, was workingas a SecurityGuard at K-210, Sainik Farm, was also residing with deceased Kishan Pal and his family members at Plot Khasra No. 523/2, Neb Sarai, New Delhi. Accused Chander Pal was unmarried.As per the case of the prosecution,accused ChanderPal and Smt. Sunita, wife of deceasedKishan Pal had developed illicit relations, a fact which was known to deceasedKishanPal, as well as other family membersof the accusedand the deceased. It is also the case ofthe prosecutionthatdeceasedKishanPal, didnot like the relationsbetweenaccusedChanderPal and his wife Sunita, and that was the cause of the quarrel between the deceased Kishan Pal and his wife Smt. Sunita. On 11.05.2008, deceased Kishan Pal after his work was over, returnedto house inthe evening,drunk, under influenceof liquor, had a quarrel with his wife Smt. Sunita and had also beaten up her. After a while, the deceased Kishan Pal went away, consumed more liquor and returnedto his place around 11.00PM in the night and by that time, accused Chander Pal had also cometo the house,afterfinishinghis duty. On reaching his house, around 11,00 PM of 11.05.2008 deceased Kishan Pal again started abusing his wife Smt. Sunita and started beating her with his belt. Because of same, Smt. Sunita receivedinjurieson her arms and legs and went insideweeping.AccusedChanderPal was finding it difficult to bear the condition of Smt. Sunita and in a fit of rage, he gave spade blows, to the deceased Kishan Pal on his neck, because of which he died. After Kishan Pal was dead, accused Chander Pal dug a pit inside the farm itself, by the side of the wall, and buried the body of deceased Kishan Pal there. It is further case of the Crl. AppealNo. 463/2015 Page 2 of19 V prosecution that on 15.05.2008, after taking two days leave from his job, accused Chander Pal reached his native village Nangla Lahori, P.S. Patiali, District Etta (UP) along with Smt. Sunita, wife of deceased Kishan Pal and their children and informed his brothers there in the village and other family members that deceased KishanPal had come from Delhi on 11.05.2008,telling them that he was going to village 'Garia' but his whereabouts were not known. On 18.05.2008, accused Chander Pal, left his native village, telling that he was ^ going to Delhi to get an FIR registered,in regard to ^ missingofhis brotherKishanPal. Smt. Sunitaremained behind in their native village, but when she was pressurised by other brothers o