AMIRRUDDIN Vs. STATE DELHI

JUDGEMENT

(1.) The appellant herein, Amirruddin @ Amir Hassan challenges the legality of the judgment dated the 28th May, 1985, whereby he was found guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

(2.) The prosecution case was that Amirruddin had committed the murder of his wife at about 2.00 AM in the night intervening 16-17th February, 1984 in his room in House No. 9/32, Karan Gali, Vishwas Nagar, Shahdara, Delhi. Amirruddin was a tenant in the said room. His landlord, Islamuddin was residing in another room of that very house. According to Islamuddin, who has appeared as prosecution witness No. 1 the room was taken over by the appellant as a tenant in February, 1984, i.e., a few days prior to the incident. That house had only two rooms, one of which was being occupied by the landlord himself. Amiruddiri was living in that room alongwith his wife. His two brothers were also living with him.

(3.) According to this witness, on the night intervening 16-17th February, 1984, Amiruddin was sleeping alongwith his wife in his room and he (the witness) was sleeping in his room. The two brothers of the accused were also sleeping in the second room, i.e., alongwith the witness. The witness goes on to depose : "Amiruddin woke me up at about 2 or 2-30 AM. He told me that his wife bad an attack of fits. I told him that he should bring some rickshaw and take her to the doctor."