ABDUL KALAM Vs. STATE

JUDGEMENT

(1.) ABDUL Kalam is convicted for the offence of murder of his wife Zubeda Khatoon on the strength of testimony of his daughter Roshni and son Shamshad vide the impugned judgment dated March 21, 2014. Vide order dated March 26, 2014 he has been awarded sentence for imprisonment of life with fine of Rs. 5000/ - and in default of payment of fine to undergo rigorous imprisonment for 1 year for offence punishable under Section 302 IPC.

(2.) ABDUL Kalam assails the judgment on the ground that the FIR does not disclose that the appellant is an assailant and thus the name of the appellant has been introduced subsequently by tutoring the children who are living in mention of the presence of children at the spot. There is no evidence to show that the appellant absconded after the incident. There are material improvements and inherent inconsistencies in the statements of the prosecution witnesses. The mother of the deceased has stated that the accused and her daughter used to have quarrels as usually happen between husband and wife in every household. Thus, there was no motive or reason for the appellant to kill his own wife. As per the mother of the deceased the relations between the couple were cordial. Even PW -1 the landlord never informed the Police that there used to be any quarrel or dispute between the appellant and the deceased. Roshni and Shamshad are child witnesses and thus no reliance should be placed on their testimonies as they have been tutored. The evidence of the prosecution does not unerringly point out that the appellant has committed the offence of murder of his own wife. Hence, he be acquitted.

(3.) INVESTIGATION was set into motion on receipt of an information from Police Control Room by HC Satpal Singh PW -6 regarding murder of the wife by her husband. This information was recorded vide DD No.13A Ex.PW -6/A. The information was given from phone No.9891419738 which was sent by Chiranji Lal PW -1 the landlord of house No.190, Gali No.2, Khureji Khas, Delhi. Insp. Rajender Singh PW -18, along with SI Pramod Kumar PW -14, SI Dinesh Kumar PW -12, SI Vijay Kumar, SI Rahul and Constable Samem Khan PW -17 reached the spot. On the spot they found the dead body of a woman lying on a mattress on the ground floor. The dead body was covered by a shawl and blood had oozed out from the head. rukka for registration of FIR at 10.30 AM on April 28, 2012. On the same date statements of Roshni PW -4 and Shamshad PW -5, the children of the deceased and the appellant were recorded under Section 161 Cr.P.C. Subsequently, the statements of Roshni and Shamshad were recorded under Section 164 Cr.P.C. by Shri Vishal Gogne learned Metropolitan Magistrate PW -9 on May 03, 2012.