JUDGMENT : Sanjiv Khanna, J. 1. Balbir Singh, by the impugned judg¬ment dated 23rd September, 2008 has been convicted for murder of his wife Santosh un¬der Section 302 of the Indian Penal Code, 1860 (IPC, for short). By order of sentence dated 24th September, 2008, he has been sentenced to life imprisonment and fine of Rs. 1,000/- in default of payment of which, he has to undergo simple imprisonment for three months. 2. The offence in question, as per prosecution version, was committed on 19th January, 2007 at about 9.00.A.M. at House No. L-109, Laxman Puri, Nabi Karim, Delhi, where the appellant, the deceased and their children were residing. 3. Sneha, daughter of the deceased and the appellant is the eye-witness who had deposed as PW-2. She was aged about 20 years at the time of her deposition which was recorded on 25th April, 2008, nearly one year after the occurrence, she has stated that her two brothers, and one sister had left the house for school at 8.15 a.m. and her father, i.e. the appellant, was having tea when her father and mother started quarreling. Both of them used to quarrel often and her father used to beat her mother. She went to the kitchen where she used to take bath due to paucity of space, she bolted the kitchen door from inside. Her father also bolted the door of the kitchen from outside and the main door of the house. Thereafter, he started beating her mother. When she heard the screams of her mother, PW-2 asked her mother to open the door. Her mother was un-able to do so because she was also locked in the room. She tried to open the kitchen door from inside but was unsuccessful. She saw the occurrence from the window after climb¬ing up. Her father was beating her mother with danda and one kirpan type double dagger which was kept in the house for mar¬riage ceremonies. The relevant words in the deposition made by PW-2 for the sake of convenience are reproduced below:- "Since there is jali upon the door of the kitchen which opens in the room of our house, I saw from that window after climbing the door. The relevant words in the deposition made by PW-2 for the sake of convenience are reproduced below:- "Since there is jali upon the door of the kitchen which opens in the room of our house, I saw from that window after climbing the door. I saw that my father was beating my mother with Danda and 1 requested my father not to beat my mother, one Kirpan type double dagger which was kept in our house to be used on the marriage ceremony by the bride groom. The accused picked out one kirpan out of the two from the shield and started assaulting my mother with that. First of all he stabbed my mother on her back. Neighbours came at the spot after hearing the screams of my mother and they tried to get the door open of the house but they could not succeed. My fa-ther stabbed my mother with a dagger/kirpan 4-5 times. Thereafter my father laid my mother on the floor straight, picked up nipples of my mother's breast and cut the same with the dagger. The accused thereafter con¬tinued to assault my mother with the stick till she fell unconscious. My neigh¬bours came there and took me out from the gallery which opens in the house of the neighbourers. My father tried to es¬cape however he was apprehended, po¬lice was informed which reached the spot immediately. Police took my mother to Lady Harding Hospital. I along with my maternal uncle also reached Lady Harding Hospital where 1 found that my mother had died." 4. PW-2 has deposed that the dagger and the danda were seized by the police and the sketches were prepared and she identi¬fied the same. She testified that her statement under Section 164 of the Code of Criminal Procedure, 1973 was recorded before the Metropolitan Magistrate and the same was marked as Ex.PW2/L. She identified the danda as Ex.P-1 and dagger as Ex.P-2. An-other dagger which was part of the Kripan was identified as Ex.P-3. She identified the clothes worn by the appellant on the date of the incident and the same was marked as Ex.P-4. She identified the clothes worn by her mother at the time of incident as Ex.P-4/1-4. In the cross-examination, she has vehemently denied the suggestion that her mother did not have good character. She identified the clothes worn by the appellant on the date of the incident and the same was marked as Ex.P-4. She identified the clothes worn by her mother at the time of incident as Ex.P-4/1-4. In the cross-examination, she has vehemently denied the suggestion that her mother did not have good character. She has further deposed that her mother and fa¬ther used to quarrel often and it was not an unusual affair. A night before also her father had a quarreled with her mother. Her father had asked her to take a bath and she had gone while they quarreled, it is later that her mother raised cries and asked to save her that she was alerted. She had raised an alarm and the neighbours gathered outside the house. The appellant had first given 10-12 danda blows on her mother's head and, thereafter, on different parts of the body. The appellant was having Kirpan in the pocket of his jacket which he was wearing and he gave 4-5 blows to her mother. However, PW-2 could not state how many blows were given by the sec¬ond dagger. The whole incident had taken place in half an hour. The maternal uncle who resides near the house came to the spot at about 9.00 a.m. At that time, the appellant was present in the room but large number of persons had gathered in the street as the area was thickly populated. Police reached at the spot at about 9.00 a.m; The appellant opened the door of the house and he was appre¬hended by the persons in the neighbourhood. At that time, the police had not come. The police came and took her mother in an ambu¬lance and she, along with her maternal uncle, went to the hospital in a TSR. Minor discrep¬ancy in the statement is noticed as she had not deposed in her statement under Section 164 Cr.P.C. that the appellant had locked the door of the kitchen or the appellant had cut off nipples of her mother. However, as no¬ticed below, the nipples of the deceased were cut off as is confirmed by the post mortem report (Ex.PW19/A) and the death summary (Ex.PW 16/H). There cannot be any doubt on the veracity of Pw-2's statement. She is a young girl who had lost her mother and has implicated her father as the culprit. 5. However, as no¬ticed below, the nipples of the deceased were cut off as is confirmed by the post mortem report (Ex.PW19/A) and the death summary (Ex.PW 16/H). There cannot be any doubt on the veracity of Pw-2's statement. She is a young girl who had lost her mother and has implicated her father as the culprit. 5. Govind Ram, the maternal uncle-of the PW-2 had deposed as PW-15. He has testified that the appellant was a habitual drinker and use to harass her sister and her children. He was counseled by the family members to desist from tippler dispositions, the appellant had undergone treatment at a de-addiction centre but without beneficial results. On 19.1.2007 at about 9.00-9.30 a.m. as usual he had gone to the house of her sis¬ter (deceased). The crowd had gathered there. Her niece (bhanji) Sneha was crying and neighbours were getting her out from outside the window of the kitchen. Sneha (PW-2) apprised him that the appellant i.e. her father had killed her mother. The persons present were pressing the door and asking the appellant to open it as it was bolted from inside. The appellant, after opening the door, tried to rush out of the room but was over¬powered by the persons present. Her sister was lying in the pool of blood in unconscious condition, in the meantime, police came and took the deceased to the Lady Har¬ding Hospital. He followed them to the hos¬pital in a TSR, where he was informed that her sister was brought dead. They came to the spot and the danda (Mogari/Thapi-weapon of offence) were seized. He has mentioned that one kripan like instru¬ment and another weapon with two prongs were seized. He has identified the danda (Ex.P-1) and the dagger (Ex.P-2) but was riot able to identify the dagger with two prongs or the pant and shirt of the appellant. He has deposed that the clothes shown to him in the Court were not the same which the deceased were wearing at the time of occurrence but immediately clarified that he had not paid at¬tention to the deceased's clothes at the time of the incident. He has further averred that the danda, that was taken into possession from the Spot; was of flat shape whereas the danda produced in the Court was of round shape. 6. He has further averred that the danda, that was taken into possession from the Spot; was of flat shape whereas the danda produced in the Court was of round shape. 6. The assertions made by PW-15, show that he was truthful and had not tried to cover up or make false statement. He was not residing in the same house and had limited opportunity to see clothes, weapon of of¬fence etc. In the cross-examination, PW-15 has stated that he treated her deceased sister just like his child. He had correctly deposed that he had not seen when the incident/occur¬rence between the deceased and the appel¬lant. The appellant was apprehended by 5-6 persons who were present there and the po¬lice reached the spot within 15-20 minutes after he had reached the house. The appellant was arrested by the police in the street itself. 7. Pandit Awadh Mishra (PW-5) has stated that on 19.01.2007 at about 9.00-9.30 a.m., he was present in his house, when he heard one girl was crying and shouting from the balcony of the house that 'do not kill my mummy, someone come and save my mummy'. On this, he-had gone to the roof adjacent to the balcony and two other per¬sons also came there. The girl was taken out from the balcony and was brought down through the terrace. Later on, he came to know that the name of the said girl was Jyoti (another name of Sneha). In the cross-exami¬nation, he has stated that when he heard the cries, of the girl, he was present in the room of his house, where he was residing as a ten¬ant. 8. PW-2's testimony is clear and cate¬gorical. It implicates the appellant. PW-15, the maternal uncle also reached the spot im¬mediately after the actual occurrence. After he reached the spot, the appellant opened the door and tried to escape from the spot but was apprehended in the street. PW-15 has deposed that the appellant was arrested by the police in the street itself and it was cor¬rect that on the first occasion the police had taken the appellant to the police station. 9. The arrest of the appellant at the spot is confirmed from the testimony of Con¬stable Mariswami (PW-3) and S.I. Lal Chand (P W-10). PW-15 has deposed that the appellant was arrested by the police in the street itself and it was cor¬rect that on the first occasion the police had taken the appellant to the police station. 9. The arrest of the appellant at the spot is confirmed from the testimony of Con¬stable Mariswami (PW-3) and S.I. Lal Chand (P W-10). Two of them had reached the spot after DD No. 1.2A was recorded at about 9.40 a.m. Soon thereafter, inspector Joginder Singh (PW-16) reached at the spot. The ap¬pellant who was detained by the crowd was handed over to the police. Similar statement has been made by constable Radha Kishanan K. (PW-7). Inspector Joginder Singh (pw-16) later on came to the spot and took evidence including the clothes, dagger ete. and these were sent to FSL, 10. The FSL Report (Ex, P-X1 and EX.P-X2) records that blood was found on ladies shirt, salwar, danda (weapon of offence), shawl, pant worn by the deceased. Ex.PX-2 further records that human blood group 'B' was found on ladies shirt, salwar and the pant which was worn by the appel¬lant. Blood however, court not be found de¬tected on one weapon of offence with wooden handle and metallic blade. This, to our mind, is not a good ground to discard the ocular testimony of PW-2 which is clear in that regard. The said ocular testimony is cor¬roborated by the post mortem report EX.PW19/A. Dr.Rajiv S harm a (PW-19), who conducted the post mortem on the dead body of the deceased has delineated the fol¬lowing external injuries:- "I. Spindal shaped incised wound of size 1.5 x 05 cm x bone deep situate over left maxillary prominence 3.5 cm below the left eye lid and 3 cm lateral to mid line lying in a downward and outward manner. 2. Spindal shaped incised wound of 2.5 x 0.5 x 1.5 cm deep situated almost vertically on the right side of the back of the chest. 12 CHI-below the acromion on the right side and |0.5 cm lateral to mid line. 3. Spindal shaped stab wound of 2.5 cm x 0.4 cm x chest cavity deep situated almost vertically on the left posterior lat¬eral aspect of chest along the posterior axillary line, 15 cm below the left acromion and 14 cm lateral to mid line. 4. 12 CHI-below the acromion on the right side and |0.5 cm lateral to mid line. 3. Spindal shaped stab wound of 2.5 cm x 0.4 cm x chest cavity deep situated almost vertically on the left posterior lat¬eral aspect of chest along the posterior axillary line, 15 cm below the left acromion and 14 cm lateral to mid line. 4. Spindal shaped stab wound off size 0.2 cm x 0.2 cm x 0.3 cm deep situated almost vertically in the mid line over the back of chest, 21 cm below C7 spine. 5. Spindal shaped stab wound of 0.2 cm x 0.2 x 0.3 cm deep situated almost vertically in the mid line over the back of the chest, 22 cm below the C7 spine. 6. Spindal shaped incised wound of size 2.5 cm x 0.4 cm x 2 cm deep in the mid line over the back of chest 14cm be¬low the C7 spine. 7. Incised wound of size 4 x. 3.5 cm situated over left breast with complete amputation and missing of left nipple 8. Incise wound of size 3.7 cm x 4.1 cm situated over the right breast, with complete amputation and missing of right nipple. 9. Spindal shaped stab injuries, 3 in inimber, each measuring about 1.5 cm x 0.5 cm x 2.5 cm over the right glutal re¬gion over an area of 6 x 6 cm, 7 cm lat¬eral to mid line and 6 cm below the pos-terior superior iliac spine. 10. Spindal shaped incised wound of size 2 cm x 0.5 cm x bone deep situated on the left side of front of leg, 18 cm be¬low the left knee joint. 11. Reddish abrasion of size 0.5 xO.5 cm over left malleolus (lateral malleolus).". On internal examination, the following injuries were noticed:— "Skull was intact! Brain was intact. Mediastinum diaphragm intact. Chest wall muscles found cut, along with lower margins of left side 5th rib, left side 5th intercostal muscle, and pleura corresponding to external injury No, 3. Oesophagus was intact. Left pleural cavity contains about 1.5 letre of clotted and fluid blood. Posterior aspect of lower lob of left lung show penetrating wound of size 2 cm x 1 cm x 1.5 cm deep corresponding to external injury No. 3. Right lung is intact and pale. Pericardium and heart intact. Oesophagus was intact. Left pleural cavity contains about 1.5 letre of clotted and fluid blood. Posterior aspect of lower lob of left lung show penetrating wound of size 2 cm x 1 cm x 1.5 cm deep corresponding to external injury No. 3. Right lung is intact and pale. Pericardium and heart intact. Stomach contains 250 ml of semi solid yellowish material, walls congested, no character-istic odour present, small and large intes¬tine contain same colour of fluid or same " odour as in stomach. Liver intact and pale. Spleen intact and pale, both kidney intact and pale. Genital organs: on ab¬normality detected uterus empty, walls were normal, spinal column intact, vis¬cera had been preserved to rule out Com¬mon poisoning." 11. Cause of death as opined by the doctor was shock and hemorrhage as a result of multiple injuries. All injuries were ante mortem in nature, out of which external inju¬ries No. I to 10 could have been caused by sharp cutting, pointed weapon whereas ex¬ternal injury No. 1 1 could have been caused by hard and blunt force impact. All injuries together and external injury No.3 along with its corresponding internal injuries were indi¬vidually fatal in ordinary course of nature. 12. The site plan Ex, PW 16/E and Ex. PW 11/A corroborate and fully support the statement made by PW-2. 13. The appellant in his statement un¬der Section 3 13 Cr.P.C. has denied the sug¬gestions as incorrect. He has stated that nei¬ther PW-2 nor 'he was present there in the house at the time of the incident, as on 19.01.2007 at about &.00 a.m., he 'had gone to drop his children to school and Sneha was with him. After dropping the children, he went to temple to offer prayer and his wife was all alone at home. When asked why PW-2 and other have deposed against him, he has simply stated that he did not know why the witnesses, have deposed against him. 14. The present case is one of cold blooded murder of wife by the appellant in gruesome and grotesque manner, in the pres¬ence of their own grown up daughter. There is no reason why PW-2, the daughter would want to falsely implicate and blame the ap¬pellant. Further, the appellant was arrested at the spot itself and blood stains were found on his pant. There is no reason why PW-2, the daughter would want to falsely implicate and blame the ap¬pellant. Further, the appellant was arrested at the spot itself and blood stains were found on his pant. The depositions of the witnesses are clear and corroborate each, other, as well as other material and evidence produced before us. The prosecution has been able to estab¬lish the case beyond any doubt. 15. Accordingly, the appeal is dis¬missed and the conviction and the sentence is maintained.