The 'last seen together theory' and medical evidence played a crucial role in establishing the guilt of the appellant for the murder of his wife.

JUDGEMENT :

Milind N. Jadhav, J.

1. The instant Appeal questions legality of the Judgment and Order dated 13.03.2013 delivered by the Additional Sessions Judge, City Sessions Fast-Track Court, Sewree, Greater Mumbai in Sessions Case No. 660 of 2011, convicting the Appellant under Sections 302 of the Indian Penal Code, 1860 (for short “IPC”) and sentencing him to undergo imprisonment for life and fine of Rs. 5,000/-, in default to suffer rigorous imprisonment for six months. Originally trial commenced against accused No.1 - Allauddin and accused No.2 - Sallauddin (elder brother of the accused), however the trial court by the impugned judgment acquitted accused No.2 of all offences and convicted the Appellant i.e. accused No.1, Allauddin.

2. Relevant facts as such are necessary for deciding the present Appeal are as follows:

2.1. Kadarbi resident of Bhagatsingh Nagar, Kumbharwada, Dharavi, Mumbai since 2000 went to Rafa, Saudi Arabia in 2007 to work as a domestic help leaving behind her unmarried younger daughter Saliabanu who worked in a leather bag factory in Dharavi. Her two other elder daughters Shabnum and Sakina were married and living separately.

2.2. Saliabanu met the Appellant - Allauddin Ansari (accused No.1) in the factory where she was working.

2.3. Appellant was already married at that time but had divorced from his wife and had a daughter aged 8 years. His divorced wife was living in Bihar, at her native place. Saliabanu fell in love with Appellant and both of them decided to marry. Initially Kadarbi and family members of Saliabanu were against the proposal but subsequently they relented and performed her marriage with Appellant. On 18.12.2008, Salibabanu and Appellant got married in Mumbai as per Muslim law. From the date of marriage both resided as tenants in a rented room situated on the first floor of a structure in Dharavi Transit Camp, Mumbai. Landlord of the structure and the rented room was of D. Jaipal Nadar, who resided in the room situated below the Appellant’s room.

2.4. It is the prosecution’s case that in January 2009, Saliabanu made a phone call to her mother Kadarbi and informed her that Appellant and his elder brother Sallauddin wanted to talk to her; both of them demanded an amount of Rs.3,00,000/- towards dowry from Kadarbi; Kadarbi expressed her inability to pay that much money; however thereafter both of them demanded the said amount from Saliabanu, insulted her and insisted that she bring the said amount from her mother who was working in Saudi Arabia.

2.5. The date of incident is 10.02.2009. On 10.02.2009, Kadarbi received a phone call in Saudi Arabia from her daughter Shabnum that Saliabanu had committed suicide by hanging. According to the prosecution on 10.02.2009 at 7:00 a.m. in the morning, Appellant informed his landlord Nadar that his wife had committed suicide by hanging and thereafter Appellant went to the house of Shabnum (sister) and informed her that Saliabanu had committed suicide by hanging. D. Jaipal Nadar, landlord and Shabnum both went to the room where the Appellant resided and found that Saliabanu was lying dead on the ground. Police were informed, spot panchanama and inquest panchanama were performed and dead body of Saliabanu was sent to Sion Hospital for postmortem. Autopsy was performed by Dr. Rajesh Chandrakant Dere and postmortem report (“PM”) was issued. The provisional cause of death recorded in PM report was "evidence of constriction of neck by ligature (unnatural)".

2.6. Kadarbi, mother of Saliabanu somehow managed to get the air ticket and returned to India on 18.02.2009. She approached Dharavi Police Station on 19.02.2009 after making enquiry about her daughter's death and lodged the report. She is the first informant. On 22.02.2009, First Information Report (FIR) was registered at her behest and Crime No. 68 of 2009 was lodged against accused and his elder brother Sallaluddin under Section 498-A and 306 read with 34 IPC. Investigation was carried and on 03.03.2009 both