LIYAKAT ALI Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) By way of this appeal, the appellant challenges the judgment of the learned Trial Court dtd. 7/7/2018 whereby the appellant was held guilty for murder of his daughter Gulshama ('deceased') and was directed to undergo rigorous imprisonment for life along with fine of ?5,000/- in default whereof simple imprisonment for six months for offence punishable under Sec. 302 of the Indian Penal Code, 1860 ('IPC') and was also held guilty for offence punishable under Sec. 201 IPC for which the appellant was directed to undergo rigorous imprisonment for three years along with fine of ?2,000/- and in default whereof simple imprisonment for three months. Accused Aashiq Ali was acquitted of all charges.

(2.) Briefly case of the prosecution is that on 10/5/2013, information was given to the police about a dead body in a gunny bag in a nullah near Auliya Masjid, Ward No.8, Mehrauli which was recorded vide DD No.34A (Ex.PW-1/E) which was marked to SI Pushpender (PW-28). SI Pushpender reached the spot along with Ct. Praveen (PW-21) from where one plastic bag containing human skeleton was found in the presence of Mohd. Ishtiyaq @ Laddo (PW-7) and Rustam (PW-2). From the bag a skeleton, one lady's shirt, salwar and undergarments worn by the skeleton were recovered. The dead body was around five feet in height but could not be identified and thereafter, was sent for post-mortem examination. Thereafter, PW-28 prepared the rukka (Ex.PW-28/A) on which FIR No.280/2013 dtd. 10/5/2013 under Ss. 302/201 IPC was got registered at PS Mehrauli (Ex.PW-1/C).

(3.) Dr.Hans Raj Singh and Dr.Akhilesh Raj conducted the post-mortem examination on the dead body and prepared the post-mortem report No.587/2013 dtd. 17/5/2013 (Ex.PW-26/A). As per the post-mortem report: