MOHD HANIF Vs. STATE

JUDGEMENT

(1.) MOHD. Hanif by this appeal seeks quashing of his conviction under Section 302 of the Indian Penal Code, 1860 (IPC, for short) by the impugned judgment dated 27th October, 2010 in Session Case No. 21/2008 arising out of FIR No. 199/2008, Police Station, Nand Nagri. The appellant has also questioned the order of sentence dated 30th October, 2010 by which the appellant has been sentenced to imprisonment for life and fine of Rs.5,000/-. In default of payment of fine, the appellant has to undergo simple imprisonment for six months.

(2.) THE appellant has been convicted for murder of his wife Rozina on the night of 19-20th April, 2008 at their residence A- 2/212, Gali No. 2, East Gokalpur, Amar Colony, Delhi.

(3.) THE next question which arises for consideration is whether the appellant is responsible and had caused the death of Rozina. It is accepted position that the appellant was husband of Rozina and they were residing at the room mentioned above. The prosecution case relies upon the testimony of PW-1, Shabnam. She is the sister-in-law of the accused and the deceased, being the wife of the appellant's brother. PW-1 in her statement had stated that Rozina died on 20th April, 2008. PW-1 had woken up in the morning at 4/4.30 a.m., as she was not feeling well. The appellant was standing in the gallery, holding his son. The appellant looked sad and the son was crying. On being questioned why he was sad, the appellant asked PW-1 to go inside his room and see what had happened. When PW-1 went inside the room of the appellant, she found that Rozina was lying dead. She cried and shouted and thereafter persons from the neighbourhood gathered there. Somebody made a call to the police and the police reached the spot.