AKBARI BEGUM Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and/or order dated 06.09.1997 passed by the learned Additional Sessions Judge, Shahdara, Delhi, in Sessions Case No. 59/96 arising out of FIR No. 162/94, registered under Section 302/34 IPC, P.S. Seelampur whereby the Appellants have been held to be guilty of the offence punishable under Section 302/34 IPC. The Appellants are also aggrieved by the order on point of sentence dated 9.9.1997 whereby each of the Appellants have been sentenced to life imprisonment and also to pay a fine of Rs. 5000/-each and, in default whereof, to undergo RI for a further period of three months each in respect of the said offence punishable under Section 302/34 IPC.

(2.) The Charge against the Appellants, namely, Akbari Begum, Salma Begum, Shahida Begum and Rabia @ Indra was that on 31.3.94 at 6.30 pm at H. No. 905, G. No. 30/6 Indira Chowk, Jafrabad within the jurisdiction of P.S. Seelampur, in furtherance of their common intention, they committed the murder of Shahjahan, w/o Sabu and thus caused her death and thereby committed an offence punishable Under Section 302/34 IPC. The Appellants pleaded not guilty. Consequently, the trial took place which culminated into the impugned judgment and order on sentence.

(3.) Akbari Begum is the mother-in-law of the deceased Shahjahan, w/o Sabu. Salma Begum is the jethani (wife of the husband's elder brother) whereas Shahida Begum is the devrani (wife of the husband's younger brother) and Rabia @ Indra is the nanad (husband's sister). It may be pointed out that Rabia @ Indira was already married at the time of the incident and was living separately and was in the family way.