JUMMAN SHEIKH Vs. STATE

JUDGEMENT

(1.) THE appellant was, by a judgment dated 27. 8. 2004, passed by learned additional Sessions Judge, convicted under Section 302 IPC for committing murder of his wife Saira Khatun and sentenced to rigorous imprisonment for life and a fine of Rs. 3,000/-, in default of payment RI for six months vide order dated 28. 8. 2004. The appellant is in appeal against such conviction and sentence.

(2.) FACTS leading to appellant's trial unfold that on 21st April, 2001 at 7. 45 a. m. one Smt. Sudesh came to Police Station Narela Industrial Area, delhi and lodged a report that the wife of the appellant had committed suicide. The information so furnished was registered in daily diary being DD no. 2a dated 21. 4. 2001. A copy of DD entry was marked to ASI Umed Singh for necessary action. ASI Umed Singh, accordingly, accompanied by constable Jitender Kumar No. 896-NW, proceeded to premises No. T-247, shivaji Nagar Extension, Delhi. Apart from him, Insp. Sajjan Singh, SHO, ps NIA, Delhi also reached the spot. The appellant was living with his deceased wife and infant son in a room as a tenant in the aforesaid premises. Insp. Sajjan Singh found the dead body of appellant's wife, Smt. Saira khatun, lying on the floor of the room in a burnt condition. On inspection of the dead body, Insp. Sajjan Singh felt that it was a case of murder and, accordingly, he sent a RUKKA to the police station through one of the police officials for registration of a case under Section 302 IPC. A case FIR No. 153/01 dated 21. 4. 2001, under Section 302 IPC, was, thus, registered at police Station Narela Industrial Area, Delhi. The appellant was not present at the spot. He was the one suspected to have committed the murder. He was, eventually, arrested on 23rd of April, 2001.

(3.) APART from seizure of dry blood lying on the floor of the room, bloodstained pieces of the floor and earth control, Insp. Sajjan Singh also took into his possession a match box containing some unburnt matchsticks, some burnt matchsticks, a partly burnt bed sheet, a kerosene stove (steel)with lid open containing some kerosene oil, and ashes of deceased's burnt clothes.