RIYAZUDDIN Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) THE appellant has been found guilty of murdering his wife Smt. Naseem and convicted under Section 302 of IPC in terms of the impugned judgment dated 31. 07. 1996 and sentenced to undergo life imprisonment and pay fine of rs. 2,000/- in default of which to undergo SI for three months vide an order on sentence of the even date.

(2.) ON the fateful day of 02. 02. 1991, an information was received through wireless message at police post Okhla, police station S. N. Puri at 12. 10 P. M. that the son of Mr. Noor Shah, Riazudddin @ Raju, appellant in the present case, had murdered his wife Smt. Naseem by strangulation at about 11. 15 AM. The said message was recorded vide DD No. 10 and HC Harun Khan/pw5 along with Const. Chandeshwar reached the spot. SI Anjani kumar/pw14, who was posted as In Charge at Police Post Okhla, Police Station sriniwas Puri, also reached the spot. The deceased was found lying dead on a cot in the room of the appellant on the ground floor of House No. 24-A, Noor nagar, Okhla, New Delhi. The information was sent to the SHO and on the same being disseminated, SDM B. K. Saigal/pw4 reached the spot and examined the dead body. The SDM directed the police to record the statement of Smt. Munni Begum, mother of the appellant, who was found present at site. Accordingly, statement of Smt. Munni Begum, Expw4/a, was recorded in terms whereof, Smt. Munni begum/pw6 stated that the appellant used to beat his wife despite her pursuasion not to do so and suspected the character of the deceased. On 02. 02. 1991 at about 11. 15 AM, the appellant shut door of the room on the ground floor when Smt. Naseem was inside. On the door being knocked at by her, the appellant did not open the door and asked her to go away from there and abused her. After a short while, the appellant is stated to have come upstairs and informed her that he had strangulated his wife whereafter she rushed down and found the deceased lying dead on the cot. Someone informed the police on telephone. This statement was signed by the SDM also and SI Anjani Kumar/pw 14 made an endorsement vide Expw5/a and FIR no. 67/1991 under Section 302 of IPC, which is Expw7/a, was registered. The rukka had been sent at about 1. 40 PM for registration of the said FIR. In the process of investigation, the police also recorded the statement of an eye-witness Ms. Shamshira Khatoon/pw1 who was a cousin of the deceased and was stated to be staying in the house of the appellant.

(3.) SI Anjani Kumar/pw14 who had recorded the statement of Smt. Munni begum/pw6 got the photographs taken at site and took into possession one blood stained Chadar and one aluminium glass which was also having some blood stains vide memo Expw14/a and arrested the appellant. The dead body was sent for post mortem. The post mortem was conducted by Dr. B. N. Bhardwaj/pw10 on 04. 02. 1991 and as per his report there were multiple contusions along with crescentic abrasions present in the middle of the neck. There was a fracture of cricoid cartilages on both sides. Dr. B. N. Bhardwaj/pw10 opined that the death of smt. Naseem was due to asphyxia as a result of manual strangulation. The post mortem report Expw10/a is recorded with the said observations.