MOHD VAKIL Vs. STATE

JUDGEMENT

(1.) Crl.M.B.No.10322/2014

(2.) Learned counsel for the appellant assails the impugned judgment on the ground that Shahista, the maker of the FIR is not a truthful witness and has deviated from the case of the prosecution. No motive has been attributed to the appellant to commit the offence. Even the other witness Gulzar, according to her own version was not present at the home when Mohd.Vakil came. Their being no eye witness the appellant has been falsely implicated. The appellant led defence evidence by examining his brother Shakil Ahmed, DW-1 who deposed that appellant had met with an accident at Andheria Mod on the said day and was admitted in Safdarjung Hospital. However, that aspect has not been considered. In his explanation under Section 313 Cr.P.C the appellant stated:

(3.) The process of law was set into motion on receipt of information from the PCR at Sangam Vihar vide DD No.22A on September 22, 2009 at 5.40 PM that a man has been stabbed with knife at K-1710, Sangam Vihar. ASI Rakesh reached the spot followed by Inspector J.D.Meena along with Constable Meendy Ram. The injured persons, who were two in number have been shifted to Trauma Centre. At the AIIMS Trauma Centre MLC of Ameena and Abdul Hameed were collected and the doctor declared both of them as "brought dead". On returning to the spot statement of Shahista, wife of the appellant and daughter of the deceased was recorded, who stated that she was married to Mohd.Vakil Saifi on December 21, 2008. On September 21, 2009 on the festival of Eid Mohd.Vakil brought new clothes for her and asked her to wear the same. However, since it was Eid festival she asked her husband also to bring new clothes for himself but he refused, due to which she also refused to wear new clothes. On this Mohd.Vakil became angry and beat her and stated that he would kill her entire family. On receipt of the information about quarrel her father along with Ashraf, who was the middle man in the marriage and her brother Imtiyaz as well as Yasin reached the matrimonial home and tried to pacify the matter. Thereafter she wore new clothes to appease her husband. On September 22, 2009 her husband again beat her and told her that he had given divorce to her and asked her to go to the house of her father. On this information being given by Shahista her father reached the matrimonial home and took her back to House No.1710, K-19/9, Sangam Vihar. At about 5.00 PM when she was present at the house of her father, Mohd.Vakil came on his motorcycle and immediately stabbed her father with knife. On hearing the shrieks of her father when her mother Ameena intervened Mohd.Vakil gave knife blows to Ameena as well due to which both of them expired. Mohd.Vakil ran away with the knife in his hand leaving behind his motorcycle No.DL 2SA2 1625, Hero Honda Passion Plus at the spot. On the basis of this statement of Shahista FIR No.349/2009 was registered at PS Sangam Vihar under Section 302 IPC.