FIRASAT HUSSAIN Vs. STATE (GNCT OF DELHI)

JUDGEMENT

(1.) Vide judgment dated 12th April, 2013, the learned Additional Sessions Judge-01, Rohini (hereinafter referred to as the "learned ASJ"), held Firasat Hussain - the appellant before us - guilty of committing the murder of his wife Asma, and accordingly convicted him under Section 302 of Indian Penal Code (hereinafter referred to as the " IPC "). Consequent thereupon, the learned ASJ sentenced the appellant to rigorous imprisonment for life, vide separate order dated 26th April, 2013. Needless to say, both orders are assailed in the present appeal.

(2.) Asma and the appellant were married on 24th March 2009. After marriage, they started residing with the appellants parents, sister and her husband, at Ghaziabad. The "?Vidai ceremony of Asma took place about a year after their marriage. On 23rd June 2011, apparently, the appellant visited the house of Asmas parents, Mohd. Yakub (PW-7) and Sahida (PW-3) and informed them that he had quarreled with his family members, and wanted to stay with Asma at her parents house. It appears that Asmas parents expressed, to the appellant, their reluctance to accede to such a plan. Instead, they requested the appellant to bring his parents to meet them, stating that they would send Asma back with him only after his parents assured them that they would take care of her. Thereafter, the appellant left and returned with his parents, sister and brother-in-law, who assured Asmas parents that they would take care of her, whereupon Asmas parents agreed to send Asma, with him, back to their house.

(3.) Around 2-3 days thereafter, on 26th June, 2011, at around 8.00 AM, a call was received, at P.S. Kanjhawala, from the PCR, informing that Asma had burnt herself. On the basis of the said information, DD No. 8A was recorded, and the case was assigned to SI Om Prakash (PW-18).