SAAD Vs. STATE GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) DR. SWARANA KANTA SHARMA, J . 1. The petitioner by way of this petition lays challenge to his arrest in relation to FIR bearing no. 192/2024, registered at Police Station Jafrabad, Delhi, for the commission of offence punishable under Ss. 302/201/120B/34 of the Indian Penal Code, 1860 (hereafter ?IPC').

(2.) Brief facts of the case are that on 21/5/2024, a PCR call was received regarding a murder, upon which the police had reached the spot and found the dead body of one Shahbaz. It emerged during inquiry that the deceased, who had married Ayesha about 5-6 months earlier, was facing domestic discord, and Ayesha had returned to her parental home around eight months prior. The prosecution alleges that Ayesha's brothers, Salman and Zeeshan, were unhappy with the marriage and, pursuant to a criminal conspiracy, they had murdered Shahbaz. Both the accused persons were arrested and during investigation, they disclosed that Zeeshan had stabbed the deceased multiple times with an iron knife while Salman had restrained him. The prosecution further alleges that the petitioner Saad was part of the conspiracy and had actively facilitated the commission of the offence. He is alleged to have provided the iron knife, used in committing the murder of the deceased, to the co-accused with knowledge of their intent to kill Shahbaz. It is further alleged that Saad had recorded the act of murder on his mobile phone; the said device was recovered from him and sent to FSL, Rohini for analysis.

(3.) The petitioner herein was arrested on 22/5/2024 at about 6:30 PM and produced before the concerned Duty Magistrate, Karkardooma Courts, Shahdara District, Delhi on 23/5/2024. By way of order dtd. 23/5/2024, all three accused were remanded to judicial custody.