BUBAY @ MAYA Vs. STATE

JUDGEMENT

(1.) Bubay @ Maya is a transgender. She was living with Ramu as his wife in a room at No.RZ-C-213, Ambika Enclave, Nihal Vihar, Nangloi, Delhi. Ramu was earning his livelihood by plying a cycle rickshaw. On February 22, 2008 he died due to haemorrhagic shock occasioned by excessive bleeding. The place where he received the injury was the room in which he resided with Maya. The injury was caused with the knife Ex.P-5. Maya was present in the room when Ramu was stabbed.

(2.) Post mortem report of the dead body of Ramu was conducted on February 23, 2008 by Dr.Manoj Dhingra at Sanjay Gandhi Memorial Hospital. A solitary injury being an incised penetrating wound on front of chest, left side 8 cm below left nipple 4 cm lateral to mid-line was found. After piercing the intercostal muscle between the 8th and the 9th intercostal muscle, the knife entered the plura of the left lung and proceeding ahead cut the left ventricle. The post mortem report Ex.PW-7/A would evidence that the direction of the knife was inwards from the left side of the chest towards the right side. Dr.Manoj Dhingra PW-7 denied the suggestion during crossexamination that the injury could be self-inflicted. He rightly answered that a right handed person could not injure himself in the manner the injury was caused.

(3.) When incriminating circumstances were put to Maya she claimed that Ramu was alcoholic and short tempered. On the day of the incident he insisted on cooking meat. It being a Friday she objected. In anguish he caused injuries to himself. She shouted and called her neighbour Sonia, on whose advice she called Shibu Yadav, the brother-in-law of Ramu. Ramu was taken to the hospital where he was declared brought dead.