AFSAR MIAN Vs. STATE

JUDGEMENT

(1.) The appellant has come up against his conviction under section 307 of the Indian Penal Code, hereafter called "the Code" on accnt of which he was sentenced to 4 years rigorous imprisonment by Shri J. D. Jain, Addl. Sessions Judge, Delhi on the 11th of January, 1972.

(2.) P.W. 1 Khatoon Begum wife of the appellant had suffered the injury which ultimately led to the conviction. The prosecution case can best be appreciated in the light of her deposition. According to her, appellant had been involved in several theft cases and was sent to jail where he had to serve sentences. On being released he met P.W. I in February. 1970. At that time Khatoon Begum had shifted to a residence in Bhagwan Nagar. She was residing there along with Shakar son of Amid Hasan (P.W. 4), Hasan Shahid Khan son of Munshi Ahmed Hassain Khan (P.W. 13) and the members of their families. Khatoon Begum's daughter from her previous husband was also residing with her. When the appellant met her after his release from jail he was told that Public Witness I had been living in conditions of utter privation and had at one time shifted to Durgah Sharif Nizamud-din where she had met one Ali Musa who began providing her with embroidery work for which Ali Musa used to bring her the money from those for whom she did the embroidery work. In spite of her request that he should take to some vocation the appellant did not start any work out of which he could have made out a living for the family. He, however, wanted his wife to shift from her residence to live along with him elsewhere. She allegedly told him that he was doing nothing and may go to jail again at any time for any offence. That started estrangement between them. Public Witness 1 admitted that the appellant accused her of illicit connections with Ali Musa. It is important to notice that the accusation was levelled against her just after about 15 days of the return of the accused from jail.

(3.) The occurrence in this case too place on the 18th of April, 1970. The rebuke given by Khatoon. Begum that the appellant may at any time go back to jail preceded the accusation that she was having illicit relations with Ali Musa. Khatoon Begum tried to explain to the appellant her relations with Ali Musa. Her statement in that behalf may be noticed :-