Delhi High Court
Santosh Kumar vs State on 5 September, 2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 3rd May, 2018
Decided on: 5th September, 2018
+ CRL.A. 718/2017
SANTOSH KUMAR ..... Appellant
Represented by: Mr.Azhar Qayam, Advocate
versus
STATE ..... Respondent
Represented by: Ms.Meenakshi Chauhan, APP
for the State with SI Dinesh, PS
Aman Vihar
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
1. By the present appeal, Santosh Kumar challenges the impugned
judgment dated 14th March, 2017 convicting him for the offence punishable
under Section 325 IPC in FIR No. 862/2014 registered at PS Aman Vihar
and the order on sentence dated 20th March, 2017 directing him to undergo
rigorous imprisonment for a period of four years and to pay a fine of
₹15,000/- and in default whereof to undergo rigorous imprisonment for a
period of two months.
2. Learned counsel for the appellant contends that since the appellant has
undergone approximately 1 year and 9 months, thus, he be released on the
period already undergone.
3. Learned APP for the State on the other hand contends that the
impugned judgment and the order on sentence suffers from no illegality.
Santosh Kumar has been rightly convicted on the basis of testimony of
Pooja duly corroborated by medical evidence.
4. Process of law was set into motion on 11th August, 2014 at 12:15 P.M.
when information was received stating that a lady has been beaten by her
husband and was lying in pool of blood at A-255, Agar Nagar, Som Bazaar,
Kumar Sweets, Near Reliance Tower. Aforesaid information was recorded
vide DD. No. 27PP (Ex.PW-5/A) and was entrusted to HC Nem Singh who
along with Constable Niranjan went to the spot wherein they got to know
that the injured was taken to Sanjay Gandhi Hospital by PCR van and the
house was found to be locked. Thereafter, they went to Sanjay Gandhi
Hospital and collected the MLC of the injured Pooja. Pooja was referred to
Safdarjung Hospital. Consequently they went to Safdarjung Hospital where
Pooja was found to be admitted but she was not fit for statement. HC Nem
Singh prepared the rukka (Ex.PW-5/B) on the basis of which FIR No.
862/2014 (Ex.PW-3/B) was lodged at PS Aman Vihar for the offence
punishable under Section 308 IPC.
5. Further investigation of the case was handed over to ASI Suresh Dutt.
On 13th August, 2014 he visited Safdarjung Hospital from where he got to
know that the injured has been discharged. Thereafter, he went to the spot
but injured was not found there. Thus, efforts were made to trace the injured
but in vain.
6. On 7th September, 2014, ASI Suresh Dutt again visited the place of
incident and met injured Pooja. On enquiry, Pooja pointed out towards her
husband Santosh as the person who had inflicted injury on her. Santosh was
arrested vide arrest memo Ex.PW-7/A, his personal search was conducted
vide Ex.PW-7/B and his disclosure statement was recorded vide Ex.PW-7/C.
One hammer (Ex.P1) was recovered at the instance of Santosh which was
taken into possession vide Ex.PW-7/D. Site plan Ex.PW-9/A was prepared
at the instance of Pooja. After completion of investigation charge sheet was
filed. Vide order dated 24th January, 2015 charge was framed for the offence
punishable under Section 308 IPC.
7. Pooja was examined as PW-2 in court wherein she deposed that on
10th August, 2014 she was residing with the husband Santosh at house No.
255, Agar Nagar, Prem Nagar, Delhi. At that time she was pregnant by
seven months and in the night when she was sleeping Santosh hit her with a
hammer on her head. She also showed her left side of head, face and ear
and pointed towards her broken teeth and that the son born to her after the
incident is also having eye problem. She further stated that her daughter
aged 5 years was threatened by the appellant and ran away after bolting the
door from outside. After being hit with the hammer, she became
unconscious and regained consciousness in Safdarjung hospital. During her
cross examination she stated that it was correct that a quarrel had taken place
between her and Santosh during the day regarding money. She denied the
suggestion that at about 11:00 P.M. Santosh came after drinking liquor and
when she objected, he hit her with hammer or that she was not sleeping at
the time when Santosh hit her with hammer. She also denied the suggestion
that she had sustained injuries after falling from the stairs.
8. Dr. Mahipal Singh (PW6) CMO, SGM Hospital, Mangolpuri, Delhi
stated that on 11th August, 2014 he had examined Pooja, prepared the MLC
Ex.PW-6/A and found the following injuries:
(i) Nasal bleed present.
(ii) Active left ear bleed present.
(iii) Swelling over left eye (black eye)
(iv) An abrasion over left ear
9. Dr.Abhinav Bansal (PW-10), SR, Neuro Surgery, Safdurjang Hospital
deposed that as per the report Ex.PW-10/A-2, there was depressed fracture
of left temporal bone with hemorrhagic contusion in left temporal lobe and
fracture of sphenoid and lateral wall of left orbit. Nature of injury was
opined to be dangerous to life. He exhibited his opinion as Ex.PW-10/B.
10. Appellant in his statement recorded under Section 313 Cr.P.C. stated
that he was falsely implicated in the present case. He was not present at his
house. He had gone to his native village in Darbhanga, Bihar and he came
back from Darbhanga, Bihar on receipt of phone call from Delhi, however,
he led no evidence to prove his plea of alibi.
11. From the evidence on record, it is proved beyond reasonable doubt
that the appellant Santosh hit his wife Pooja with a hammer. The same has
been duly proved by the testimony of Pooja duly corroborated by her MLC
Ex.PW-6/A and the medical opinion Ex.PW-10/B.
12. Considering the evidence on record, the nature of injury caused and
the weapon of offence used, this Court finds no reason to set aside the
impugned judgment of conviction or modify the order on sentence.
13. Appeal is dismissed.
14. Copy of this order be sent to Superintendent Central Jail Tihar for
updation of the Jail record and intimation to the appellant.
15. TCR be returned.
(MUKTA GUPTA)
JUDGE
September 05, 2018
'rk'
