MOHD WAKIL Vs. STATE

JUDGEMENT

(1.) This is an appeal directed against the judgment dated 22nd February 2003 passed by the learned Additional Sessions Judge ("trial Court") in SC No.56/2001 arising out of FIR No.490/1999 registered at Police Station ("PS") New Friends Colony convicting the Appellant for the offence punishable under Section 302 IPC and the order on sentence dated 27th February 2003 whereby the Appellant was sentenced to imprisonment for life along with payment of fine of Rs. 100/-, and in default of payment, to undergo rigorous imprisonment for one day.

(2.) The Appellant was charged with having murdered his wife Shahnaz ("the deceased") at around 9 am on 10th August 1999 in their jhuggi at R Block, Jogabai Extension, New Delhi by strangulating her.

(3.) The background facts in the present case are that the deceased had been married once prior to her wedding with the accused and from that wedlock had a young daughter aged who was around three years at the time of the death of the deceased. The marriage between the deceased and the Appellant was admittedly a love marriage. The Appellant was engaged in casual work as a labourer. At around the time of her death, the deceased was unwell and this is spoken to by the PWs themselves.