LAWS(SC)-2024-5-12

ANEES Vs. STATE GOVT. OF NCT

Decided On May 03, 2024
Anees Appellant
V/S
State Govt. Of Nct Respondents

JUDGEMENT

(1.) This appeal is at the instance of a convict accused for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, "the IPC") and is directed against the judgment and order dtd. 23/5/2014 passed by the High Court of Delhi in Criminal Appeal No. 320 of 1998 filed by the appellant herein by which the High Court dismissed the appeal and thereby affirmed the judgment and order of conviction passed by the Additional Sessions Judge, Karkardooma Court, Delhi in Sessions Case No. 176 of 1996 holding the appellant guilty of the offence of murder punishable under Sec. 302 of the IPC and sentencing him to undergo life imprisonment with a fine of Rs.5,000.00. In the event of default in the payment of the fine, the appellant was directed to undergo further rigorous imprisonment for six months.

(2.) The deceased, namely, Saira was married to the appellant. The marriage of the deceased with the appellant was solemnised in 1982 in accordance with the Muslim rites and customs. In the wedlock, a daughter named Shaheena was born, who, at the time of the incident in 1995, was five years of age.

(3.) On 29/12/1995, at about 4:00 am, a wireless operator of the Delhi Police informed one lady constable who was on duty in a PCR that a woman had been stabbed in House No. 220, Gali No. 3, Mustafabad and that a responsible police officer may be asked to reach at the spot of occurrence. The said information was conveyed by the lady constable to the duty officer at P.S. Gokulpuri, who, in turn, reduced the same in writing and forwarded a copy thereof to S.I. Mohkam Singh for inquiry.