MUBIN Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) Appellant Mubin, having been convicted for murder of Mehboob and concealing his dead body in a "gutter" (manhole) under Section 302/34 IPC and Section 201/34 IPC in terms of the impugned judgment dated 17.09.1996 in Sessions Case No. 74/96, FIR No. 495/93 P.S. Gokul Puri and sentenced in terms of order on sentence of the even date to undergo rigorous imprisonment for life as also to pay fine of Rs. 500/-, in default of payment of fine to undergo RI for further period of one month for offence punishable under Section 302 IPC and also RI for three years and fine of Rs. 250/- and in default to undergo RI for 15 days for the offence under Section 201/34 IPC, has preferred the instant appeal.

(2.) Ms. Abida Begum, wife of Mubin, was also convicted and sentenced vide the impugned judgment and order on sentence. She filed a separate appeal which stood abated vide order dated 06.12.2003 on account of her death.

(3.) Briefly stated, case of the prosecution is that on 06.12.93 at around 11:40am, Head Constable Ombir Singh of PCR informed Police Station Gokul Puri on wireless that one person was lying dead near the bus stand B-Block, Yamuna Vihar, Marutiwali Gali. The information was recorded at the Police Station as DD No. 8A and copy of the DD report was entrusted to ASI Suresh Chand, who left immediately for the spot along with Constable Surender (PW11). PW9 Inspector Rajinder Parshad, who was posted as SHO, Police Station Gokul Puri, was on patrol duty in the area and said information was conveyed to him on wireless. He reached at the scene of occurrence, i.e., House No. 627, Gali No. 21, Chand Bagh, Delhi where ASI Suresh Chand and Constable Surender were already present along with the complainant PW1 Burkey Muneer, her mother PW3 Tafseer, the sweepress PW6 Urmila and others. The main door of the above referred house was found locked. The lock was broken open and the police party entered said house. There was a manhole within the premises of House No. 627, Gali No. 21, Chand Bagh, Delhi. Its cover was found open and the dead body of Mehboob @ Sharief (hereinafter called the "deceased") was found floating in the water within the "gutter". The dead body was taken out from the manhole and it was identified to be the body of the deceased by his wife PW1 Burkey Muneer and his mother-in-law, PW3 Smt. Tafseer. Inspector Rajinder Parshad recorded the statement of Ms. Burkey Muneer Ex.PW1/A wherein she stated that she was the owner of House No. 627, Gali No. 21, Chand Bagh, which was given on rent to the appellant Mubin 4-5 months back and he was living in the said house along with his wife and child. After some time, he stopped paying rent for the premises. On 30.11.93, her husband left the house at 6:00 pm to have a talk with the tenant Mubin regarding vacation of the tenanted premises. He, however, did not return back. Next day, she contacted Ms. Saira at Jyoti Colony to inquire about her husband, who told her that her husband had visited her house a day earlier at 1:30 pm and thereafter he left. PW1 Burkey Muneer further stated in her statement Ex.PW1/A that she continued to search for her husband but in vain. On Friday, i.e., 03.12.93, she along with her mother went to her house at Chand Bagh, but its entrance was found locked. Thereafter, she entered said house from the roof of a neighbour via staircase and found the door of the inner room open, but nothing could be found in the said room. In the morning of 06.12.93 at around 10:00 am, sweepress PW6 Urmila came to the house of her mother and informed that some foul smell was emanating from the above referred house in Chand Bagh. On this, she alongwith her mother and sweepress again went to said house but its main gate was found locked. Thereafter, she entered the said house from the roof of a neighbour's house and lifted the cover of the manhole located within the said house and found the dead body of her husband in the manhole in face downwards position. She identified the dead body of the deceased from the clothes on the person of the body and the Hawai Chappel in the left foot of the dead body. In the meanwhile, someone informed the police. Police came and broke open the lock of the main gate of the house in their presence and thereafter the dead body was taken out from the gutter. In the said statement, she expressed her suspicion against the appellant Mubin.