LAWS(DLH)-2018-9-5

JAMEEL Vs. STATE

Decided On September 04, 2018
JAMEEL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is directed against the judgement dated 20th January 2018 passed by the learned Additional Sessions Judge, Shahdara in SC No.52/2017 arising out of FIR No.483/2013 registered at PS Seema Puri convicting the Appellant for the offence under Section 302 IPC and the order on sentence dated 29th January 2018 whereby the Appellant was sentenced to undergo life imprisonment with fine of Rs. 10,000/- and in default of payment of fine, to further simple imprisonment ("SI") for three months.

(2.) The Appellant was charged with having murdered his wife Salma Begum at around 3:45 pm on 12th September 2013 at Jain Mandir Jhuggi, MCD Park by stabbing her with a knife. In the impugned order on sentence, after noting that the monthly income of the convict was Rs. 5,000/- and that he does not have any movable or immovable property, the trial Court was of the view that the Appellant was not capable of paying compensation to his own children and opined that it was not a case fit for grant of compensation. Investigation and inquiries

(3.) The criminal justice system was set in motion when a call was received at the Police Control Room at around 3:44 pm on 12th September 2013 providing information to the effect that a stabbing incident had taken place near the sauchalya (toilet) near Jain Mandir. The short message was "ek lady ko chaku maara hai jiski condition serious hai". The noting on the right hand column of the same PCR form at around 3:51 pm by the police team which reached there was that the persons present there were saying that a man had stabbed his wife with the knife and had run away and that the victim woman had been taken to the hospital already.