STATE OF DELHI Vs. MOHD SHEIKH NOOR HUSSAIN

JUDGEMENT

(1.) While the State, in Death Sentence Reference No. 1 of 2006, supports and justifies the judgment of conviction dated 20th March, 2006 and order of sentence dated 31st March, 2006 of the trial court in Sessions Case No. 79/2004, accused-appellant, Mohd. Sheikh Noor Hussain, seeks to challenge the judgment and order whereby the learned Judge has held him guilty under Section 302 IPC as also under Section 376(2)(f) IPC and sentenced him to death and a fine of Rs.500/- for the offence punishable under Section 302 IPC; imprisonment for life and a fine of Rs.500/- for the offence punishable under Section 376(2)(f) IPC in Criminal Appeal No.271 of 2006.

(2.) Brief facts of the case, as have been noted by the learned Additional Sessions Judge, are as follows :

(3.) The Prosecution, in order to bring home its case, examined as many as 19 witnesses. Of these, PW-1 is Smt. Rabiya, the wife of the accused who is also the complainant. PW-2 is Doctor Joginder Kumar who proved that he medically examined the accused whereby the accused was found capable of performing a sexual act. PW-3 is Constable Jai Singh who joined the investigation with the Investigating Officer, SI Seema Singh, along with other Police Officers. PW-4 is Smt. Jubeda, a neighbour of the complainant and a material prosecution witness who apprehended the accused and produced him before the Investigating Officer and witnessed the proceedings conducted by the Investigating Officer regarding recovery of the underwear of the accused and other articles from his jhuggi. PW-5 is Smt. Meenu, another neighbour of the complainant, who joined investigation with the Investigating Officer. This witness turned hostile. PW-6 is Dr. Rekha Tirkey who proved the injuries on the person of the victim by proving her MLC, Ex. PW-6/A. PW-6A is Constable Sunil Kumar who informed the Police Station Sarojini Nagar about the admission of the victim in an injured condition on 24.6.2002 at 10.45 a.m. and again informed about death of the victim on 25.6.2002 in the Hospital. He also proved that the doctor handed him over a sealed parcel, which he handed over to the Investigating Officer. PW-7 is Constable Pramod Kumar who joined investigation with Investigating Officer. PW-8 is Constable Vandana who proved that she recorded DD No. 30-B on 24.6.2002 and handed over the copy of the same to Head Constable Sukhbir Singh. PW-9 is Head Constable Surender Singh who proved that he recorded the FIR of the case and proved the copy of the same as Ex. PW-9/B. PW-10 is Head Constable Dharampal who proved the deposit of the case property in sealed condition by the Investigating Officer on 24.6.2002 and by Inspector Ishwar Singh on 26.6.2002. PW-11 is ASI Puran Singh who proved that he recorded DD No. 6-A regarding death of the victim informed from the Hospital by Duty Constable on 25.6.2002 at 3.00 a.m. PW-12 is Constable Dilbag Singh who proved that he deposited the sealed parcels at Forensic Science Laboratory. PW-13 is Constable Sunil who joined investigation with the Investigating Officer on 26.6.2002. PW-14 is SI Madan Pal who proved that he prepared the scaled site plan. PW-15 is Constable Krishanbir who delivered the special report to the Area Magistrate and senior Police Officer. PW-16 is SI Seema Singh, the Investigating Officer of the case. PW-17, is Inspector Ishwar Singh, the second Investigating Officer who proved that he moved an application for conducting postmortem on the dead body of the victim. He also proved that he received four sealed bottles from the doctor, which he deposited in the malkhana, and he also collected the FSL reports, Ex. PW-17/E and Ex. PW-17/F. PW-19 is Dr. Chander Kant who conducted postmortem on the dead body of the victim and proved the postmortem report, Ex.PW-18/A.