SHABBIR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal is directed against the verdict of conviction and sentence dated 21-7-1980, passed by Sri G. R. S. Tandon, the then II Additional Sessions Judge, Muzaffarnagar, whereby the appellant Shabbir was convicted under Section 302 IPC for having strangulated his wife and sentenced to imprisonment for life.

(2.) In brief, the facts giving rise to this appeal may be re-capitulated as follows :- The accused appellant Shabbir was married to Maimoona alias Mehmooda in the year 1977. They lived together for some time with harmony but the cordial relationship between the two did not last longer. The main cause of their strained relationship was that Shabbir being unemployed was in the habit of selling valuable household effects including jewellery of his wife. Maimoona always resented to the appllant's acts of alienating her jewellery and other household goods but her protests were not approved of by him and very often the latter used to beat her. A complaint was lodged by Mehboob Ali, the brother of the deceased, to the appellant's father, namely, Manga, who made his best endeavour to convince the appellant not to indulge in violence with his wife but it all fell on his deaf ears. Being unhappy over the situation. Manga asked the appellant to live separately. As a consequence, the appellant along with Maimoona initially shifted to Jhilana village but the duo did not stay there for long and then migrated to the town of Shamli. In Shamli also, the appellant sold his wife's jewellery and this caused too much annoyance to Maimoona, who left him and went to her father's abode at village Kheri and requested his father-in-law to send Maimoona with him. Not only that he submitted his apology for all his acts of omission and commission vis-a-vis his behaviour with his wife but also he promised and assured to keep her happy with affection. On his request and assurance, Mehmooda was allowed to go with the appellant and this time they lived together in a rented accommodation in Mohalla Malhupura at Muzaffarnagar. This accommodation was arranged by Mehboob Ali who also lived in the same Mohalla. However, the appellant's promises and assurances proved futile when barely a week's after he again started quarrelling with his wife and refused to do any job for livelihood. About one and a half months before the occurrence, Shabbir had mercilessly beaten his wife, who called her father and when Mehboob Ali tried to persuade him to be of a good behaviour, the accused made an attempt to assault him but he escaped unhurt; rather he himself slapped the accused with a view to give him a sour taste of not only maltreating his wife but also all her family members. Mehboob Ali and his father both took away Mehmooda to village Kheri and she started living there. However, Dr. Latif, who was the son of Mehboob Ali's father's sister, came to the village and accompanied with him was none-else than Shabbir who again tendered his apology for misbehaving with his wife and also her brother and promised not to repeat any such mistake in future. He reiterated his request to carry his wife which was conceded to and this time Dr. Latif had taken both of them to Muzaffarnagar on the assurance of keeping an eye upon them and they stayed in one room apartment which was part and parcel of Dr. Latif's house. However, the supervision of Dr. Latif over the duo could not check their relationship from becoming strained again. About a week before the date of occurrence, Shabbir disposed of some jewellery of his wife and when Dr. Latif pressurised him to hand over the sale proceeds thereof, he pretended to have spent a part of it but surrendered a paltry sum of Rs. 330.00 only. A written compromise was executed by the accused giving false assurances of treating his wife with honour and affection. However, as was the prosecution case, on the fateful night between 3/4-7-1979 the accused appellant Shabbir killed his wife by strangulating her with Niwar Patti (a thick cotton tape), by tying it around her neck. As recited in the F. I. R. lodged by Nawab Ali, son of Dr. Latif Ali, the shrieks of Maimoona were loud so as to be heard by him during his sleep and he ran and rushed towards the room in which she and the appellant were living and when he enquired by giving a call to the appellant as to what had happened, the latter without opening the door conveyed that Mehmooda felt frightened in a dream and raised her shrieks under fear but she was alright when he comforted her. Nawab Ali believed the appellant's version and, therefore, came back to the courtyard of his house where he was sleeping and after a brief spell he resumed his sleep. The other day i.e. on 4-7-2001 the accused appellant's father arrived at the shop of Dr. Latif to enquire about the welfare of his son and the latter's wife. Dr. Latif sent his employee and relative Sarwar to call Shabbir. Sarwar knocked at the door of Shabbir's apartment and when there was no response, he opened the Kundi and to his shock and horror saw Mehmooda lying naked and dead. He immediately rushed to Dr. Latif's shop and conveyed as to what he had seen. All then arrived at the site of occurrence and saw Mehmooda lying dead. Nawab Ali lodged an F. I. R. whereupon a case under Section 302 IPC was registered against the accused appellant, who had absconded in the morning of 4/07/1979.

(3.) Sub-Inspector Asharam Chaudhary of P. S. Kotwali Muzaffarnagar took up the investigation of this case, inspected the room wherein Mehmooda was lying dead, prepared a site-plan of the said place and also inquest report of the dead body. He also took Niwar Patti, Salwar (trouser) and Tahmad, which were found on the body of the deceased, in his custody and prepared a memo thereof. The dead body was packed and sealed by him in a cover and he got it sent for autopsy. Dr. P. Sharma (P. W. 8) conducted post-mortem of the deceased and prepared post-mortem report Ext. Ka. 10. According to his opinion, the cause of death of Mehmooda was asphyxia as a result of strangulation. Ligature marks were noticed by the doctor around the neck of the deceased. However, he did not find any sign of sexual violence on the corpse.