SHABNAM Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) SHABNAM stands convicted for the offence of murdering her sister Zulekha on the strength of the testimony of PW -10 Kamaal, husband of the deceased and the recovery of the hammer at the instance of Shabnam. The learned Trial Court while holding Shabnam guilty of offence punishable under Section 302 IPC vide the impugned judgment dated December 23, 2011 has directed her to undergo imprisonment for life and a fine of Rs.10,000/ - in default of payment of fine to undergone rigorous imprisonment for two months vide order dated December 24, 2011.

(2.) SHORN of unnecessary details the prosecution case starts from DD No.35/A received at 12.17 on the intervening night of July 28 -29, 2008 at PS Okhla Industrial Area reporting that the head of a woman has been smashed . The deceased was shifted to the hospital by the PCR. Kamaal was present in the hospital and got his statement recorded vide Ex.PW -10/A wherein he stated that he was residing along with his wife and four children. About four months ago his sister -in -law Shabnam aged 18 1/2 years came to live with them. He was working as a labourer in a factory. His sister -in -law had an evil eye on him and used to like him. On the night of July 28 -29, 2008 all of them had slept after taking the dinner at 11.30. In the night, he heard some voice on which he and his younger son Shahid @ Lala got up. They saw Shabnam holding a hammer in her hand and his wife Zulekha was lying on the floor with blood oozing out from her head. They saw Shabnam attacking Zulekha forcefully by the hammer. He caught hold of Shabnam along with the hammer, gave a slap on her face and asked her as to why she was killing his wife, on which Shabnam stated that she was removing her sister from her way so that she could marry Kamaal. Later Zulekha died in the hospital which information was received vide DD No.42/A on July 29, 2008 at 5.15 AM and thus the case was converted to one under Section 302 IPC. The crime team and the photographer were called. The blood stained floor, blood samples etc. were seized. The bed spread on the floor, Sari, Pillow, bed sheet etc. were also seized. Shabnam was arrested on the pointing out of the complainant vide arrest memo Ex.PW -14/B. Pursuant to the disclosure statement of Shabnam recorded in the presence of Kamaal and HC Neetu the hammer used in the commission of crime was recovered. The post -mortem of the deceased was got conducted.

(3.) SHABNAM questions the finding on the ground that the alleged weapon of offence was lying on the spot itself and thus there was no question of its recovery pursuant to her disclosure. The hammer has not been sent to the post -mortem doctor for the opinion so as to connect the same with the injury caused. The version of Kamaal is improbable and full of contradictions. Kamaal is not an eye witness and has falsely implicated Shabnam. Kamaal had an evil eye on Shabnam and thus after murdering his wife he has implicated Shabnam in the present case.