SUHAIB ILYASI Vs. STATE

JUDGEMENT

(1.) Did the Appellant murder his wife (hereafter 'the deceased') or was it a case of suicide" The learned Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi (hereafter "trial Court") in a judgment dated 16th December 2017, which is under appeal here, held that the Appellant had indeed murdered the deceased. We, however, think not. Our reasons follow.

(2.) The first charge against the Appellant in terms of an order dated 29th March 2003 of the trial Court was that soon after his marriage to the deceased Anju alias Bullu on 12th November 1993, subjected her to harassment, mental and physical cruelty on account of demand for dowry and thereby committed an offence punishable under Section 498A of the Indian Penal Code 1860 (IPC). The second charge was that on the intervening night of 10th/11th January 2000, the deceased died at the All India Institute of Medical Sciences ("AIIMS") otherwise than under normal circumstances with stab injuries and within seven years of her marriage to the Appellant and that soon before her death, she was subjected to cruelty and harassment by him and thereby, he had committed an offence punishable under Section 304B IPC.

(3.) An application was filed before the trial Court by Mrs. Rukma Singh (PW-6), the mother of the deceased, seeking the framing of an additional charge under Sections 302/468/471/201 IPC. This application was dismissed by the trial Court by its order dated 19th February 2011.