SHAMIM Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) The appellant has been convicted by the High Court under Sections 302/307/34, I.P.C. and sentenced to life imprisonment, after reversing her acquittal ordered by the trial court. The appellant has further been denied the benefit of any remission in sentence, till she completes twentyfive years of custody.

(2.) The Trial Court convicted four of the seven accused and acquitted the appellant and two others. The High Court dismissed the appeals against convictions, declined to interfere with the acquittals, with the exception of the appellant.

(3.) On 27.02006 at night, Pappu and Anisha (hereinafter referred to as 'the deceased') were shot dead on the first floor of their house. PW2, Heena suffered multiple injuries on her neck with a razor. The deceased and PW2 are the brother/mother/sister respectively of PW1, Ishrat Ali. PW4, Shabnam is the daughter of the appellant, who married PW1, against the wishes of the appellant. PW3, Md. Imran is the brother of PW1. The parties resided in houses across each other with common topography, divided by a lane 5 to 6 feet wide. PW1 and PW4 after their marriage had shifted to a separate residence. PW3 upon returning home saw the appellant standing outside his house, followed by the other accused coming out of the house with blood stained clothes. The witness entered the house to find the corpses and PW2 in an injured condition unable to speak, and informed PW1 and PW4 who then came to the spot. Earlier, in the evening, PW2 had noticed the appellant standing on the verandah of her own house looking towards the house of the witness. PW4 stepped out on the verandah when the appellant told her that the incident was the consequence of the witness not listening to her, and that she had got the deceased killed and her husband will meet the same fate.