MEHBOOB AHMED Vs. STATE

JUDGEMENT

(1.) By the impugned judgment, dated 18.05.2009, the appellant Mehboob Ahmed has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short), for the murder of Rumana Praveen on 30.12.2005 in their residence, at H.No. F-277 Gali No.14 Khajuri Khas, Delhi. The appellant has been sentenced to life imprisonment and to pay fine of Rs.10,000/-, in a default of which, he is to undergo simple imprisonment, for six months.

(2.) The prosecution case is that on 30.12.2005, at around 10 a.m., the appellant, his step daughter- the deceased and Rubina Praveen (PW1), were present in his residence. Nasim Fatima (PW10), the mother of the deceased was at her shop, right outside their home. Noise of cries emanating from the inner room of the house, where the deceased and the appellant were sleeping, was heard by both PW1 and PW10. They rushed to the room and saw the appellant with a knife in his hand, smeared in blood. The deceased was lying on the floor with injuries on her neck and face and blood oozing profusely. PW10 tried to apprehend the appellant but he overpowered her, threw the knife and ran away. They raised alarm and Shehzad Ahmed (PW2), husband of PW1, came there. They took the deceased to Guru Teg Bahadur Hospital in a TSR where she was declared to have been brought dead.

(3.) It is undisputed that the deceased died a homicidal death in the morning of 30.12.2005. Dr. Arvind Kumar (PW19), who conducted the post mortem, has opined the cause of death to be hemorrhagic shock due to ante mortem injuries to neck and facial vessels caused by a sharp edged weapon.