BABU Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Crl. MB No. 993/2010 This is an application by the appellant/applicant seeking suspension of his sentence and to release him on bail. The appellant/ applicant has been convicted by order dated 17th December, 2009 in Sessions Case No.26 of 2009 under Section 302 of Indian Penal Code and under Section of 27 of the Arms Act, and sentenced to undergo life imprisonment for offence under Section 302 of Indian Penal Code and a fine of Rs.1,000/- and rigorous imprisonment for 7 years for offence under Section 27 of the Arms Act, and a fine of Rs.500/- by order dated 17th December, 2009.

(2.) The appellant/applicant has sought suspension of his sentence on the ground that he has been convicted without any reliable evidence and the prosecution has failed to prove its case beyond reasonable doubts. It is also contended that the prosecution could not prove the motive of murder and consequently, his conviction is not sustainable. The suspension of sentence is also sought on the ground that his appeal is not likely to be taken up for hearing in near future.

(3.) The allegations against the appellant/applicant are that he married deceased Kohinoor after falling in love with her, though she already had a son from her previous husband. One Ubed came to the house of the accused for shelter who was kept by him in his house, however, Ubed developed illicit relation with his wife Kohinoor. Consequently, Kohinoor left him and started living with Ubed in another house after taking away the household goods of accused. It is also alleged that Kohinoor, his wife, had married Ubed four days before the incident and on 29th April, 2004, he went to the house where his wife Kohinoor was living with Ubed and had threatened her. Next day he went to the house of Kohinoor i.e. on 30th April, 2004 with a loaded Katta which was already with him. On reaching the house of his wife Kohinoor, he demanded his goods back and a scuffle took place where he took out his Katta and fired on his wife Kohinoor and fled from the spot.