Maina Devi was employed in AIIMS Hospital and one
day she was sitting in her room and heard noise of 'Dham Dham' from the upper
room belonging to her brother in law (devar) Ramesh. Nilima used to live in
that room along with her husband and children and in another room some boys
from the village of her husband used to live. After hearing noise she came. She
went up stair and saw the door was closed. She thought that it might be a
quarrel between husband and wife so she came back. Again she heard the noise of
Dham Dham and went upstair again, the door was closed. She knocked at the door
and accused Devdass who used to live in the room above her room came outside
from the said room and there was blood on his baniyan. He has stated that
Nilima got injured. On being asked why there was blood on his baniyan? He
pushed and ran down. Then she went inside the room and saw Nilima in pool of
blood (khoon se lathpath). She raised noise 'pakdo pakdo' at that time. Accused
ran away from the place. Nilima told her that she was stabbed by Devdass.
Neighbour Rajinder came there who made the telephonic call to the police and
brother of accused Devdass. Dilip took Nilima in three wheeler scooter to AIIMS
hospital. Dilip who is brother of Devdass, had taken the injured to the
hospital. The FIR was registered under Section 307 IPC. The victim Nilima died in the
hospital then the FIR was converted under Section 302 IPC.
The
Court awarded to convict sentence of life imprisonment for the offence under
Section 302 IPC and circumstances of the case, do not find
this case to be one amongst rarest of rare cases to justify awarding the
capital punishment to the convict.
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