STATE (GNCT) OF DELHI Vs. AKHLAQ

JUDGEMENT

(1.) The State appeals, by leave (granted by this court) against a judgment and order, dated 09-04-2010 in SC No. 131/2009, acquitting the respondent (Akhlaq, referred to hereafter by his name, for the sake of convenience) of the charge of murdering his wife, Afsana, on 19-09-1994.

(2.) The prosecution story was that On 19.9.2004, DD no. 10A (Ex. PW- 6/A) was recorded at Police station, Welcome, when the police received an unknown telephone call informing them of a murder of a woman at around 3:20 PM. On three policemen reaching the spot, they found the dead body of a young woman, later identified as Afsana, aged 24-25 years; the body was lying on the floor on a plastic mat in the inner room of the ground floor of premises L-21, Welcome, Delhi. A white string (nara) was tied around the deceased's neck and a ligature mark was clearly visible. The deceased was wearing earrings, glass and plastic bangles and a ring. Used biri buds were lying inside the room. A pair of male slippers and a pair of female slippers was found in the room. Three pouches of jewelry were found, after the police searched the room. The police found Imrana, (PW-7), who was the landlady of the premises, and stayed on the first floor at the location with other mohalla people. Her statement was recorded; she claimed to have given the house on rent to a couple (i.e Akhlaq and the deceased Afsana) who was accompanied by another man named Mukhtiyar on 14.9.2004. She said that she saw him leave for work at about 7 AM as usual on the day of the incident. PW-7 went at 3 PM to wash her clothes in the room downstairs and saw the room bolted from outside. She opened the latch and went inside and called out for Afsana two or three times. When there was response, she went outside and called for the people in the locality (mohalla) people. Her sister in law, along with a neighbor, Lali, went into the house, and saw the body of Afsana. She said that she had last seen Afsana at around 11 pm at night and raised suspicion on Akhlaq, since he had not come home as usual for lunch that day.

(3.) The police conducted investigations; Afsana's sister identified her body later. Akhlaq surrendered after a few days. He was arrested, and after conclusion of investigations, was charged with murdering Afsana. He pleaded not guilty and claimed trial. The prosecution relied on the testimonies of 36 witnesses, besides exhibits produced during the trial. After considering these, and submissions made on behalf of the parties, the Trial Court, by the impugned judgment, acquitted Akhlaq. The State has therefore appealed.