CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 514 OF 2008
vs.
R D E R
Ms. Meenakshi Vij, the learned counsel has appeared
before us today along with Ms. V.Mohana, the learned
counsel who has been appointed as amicus curiae in this
matter as per the order dated 22/10/2009. Ms. Mohana says
that she has no objection if Ms. Meenakshi Vij argues the
matter as the explanation given by Ms. Meenakshi Vij for
not appearing on the last occasion is undoubtedly correct.
We have accordingly heard Ms. Meenakshi Vij and Mrs.
D.Bharathi Reddy, the counsel for the appellant and the
counsel for the State respectively. We find from a perusal
of the record that the case of the prosecution has been
proved by the evidence of PW's.1, 2 and 3, the wife, the
mother and the son of the deceased. The incident had
happened at about 10.30 p.m. and their presence at the
residence thus cannot be disbelieved. We also see from the
medical evidence that the incised wounds and other injuries
on the dead body reinforce the credibility of the
prosecution story. We also see that the FIR had been lodged
within an hour of the incident i.e. at about 11.30 p.m. and
the Police officer had reached the village and recorded the
FIR at the instance of PW.1 at the spot.
We are, therefore, not inclined to interfere in this
matter. The Criminal Appeal is, accordingly, dismissed.
(J.M. PANCHAL) New Delhi, November 11, 2009.