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IN THE HIGH COURT OF DELHI
Wahid Ahmed
Vs.
State
Crl. A. 1310/2010
[Alongwith Crl. A. 1245 and 1311/2010]
Decided On: 11.08.2011
Indian Penal Code - Murder - Section 302/34 - Summary of Acts and Sections: The court discussed the application of Section 302/34 of the Indian Penal Code, 1860, and the distinction between murder and culpable homicide not amounting to murder. The court analyzed the dying declaration, the statements of eyewitnesses, and the medical evidence to establish the guilt of the accused under Section 302/34.
Fact of the Case:
The case involved the murder of Shabana Anjum, who sustained burn injuries and later succumbed to them. The prosecution presented evidence including a dying declaration, eyewitness statements, and medical records to establish the guilt of the accused.
Finding of the Court:
The court found the accused guilty of murder under Section 302/34 of the Indian Penal Code, 1860, based on the dying declaration, eyewitness statements, and medical evidence. The court rejected the defense's arguments regarding the dying declaration and the presence of the accused at the time of the incident.
Issues: The main issues revolved around the credibility of the dying declaration, the reliability of the eyewitness statements, and the presence of the accused at the time of the incident.
Ratio Decidendi: The court relied on the dying declaration, consistent eyewitness statements, and medical evidence to establish the guilt of the accused under Section 302/34 of the Indian Penal Code, 1860.
Final Decision: The court dismissed the appeals and upheld the judgment and order on sentence, convicting the accused under Section 302/34 of the Indian Penal Code, 1860.
Manmohan Singh, J.
1. The present appeals are directed against the judgment dated 09.09.2010 and subsequent order on sentence date 21.09.2010 in Sessions Case No. 38/09 passed by Additional Sessions Judge, North East, Karkardooma Courts, Delhi, whereby the Appellants were convicted under Section 302/34 Indian Penal Code, 1860 and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 2000/- and in default, to undergo simple imprisonment for two months.
2. The factual matrix of the of the prosecution case is that on 11.10.2005, a PCR call vide DD No. 14-A, was received in Police Station Seelampur regarding burning of woman in House No. 1312, Gali No. 42, Jafrabad, Delhi. On the receipt on the said DD, PW-11 S.I. Har Prasad along with PW-8 Constable Surender Kumar, reached at the spot, where they came to know that the injured had been taken to GTB Hospital by a PCR van.
3. PW-11, S.I. Har Prasad left PW-8 Constable Surender Kumar at the spot and he himself went to GTB Hospital and obtained the MLC of injured Shabana Anjum who had sustained 60-65 % burn injuries. She was declared fit for statement and PW-11 S.I. Har Prasad recorded her statement Ex. PW-11/A, wherein she made the following statement:
Statement of Smt. Shabana Anjum W/o. Mazhar-ul-Islam Aged about 29 years R/o. House No. 1312, Street No. 42, Jaffrabad, Delhi.
I reside at the aforesaid address. I am a house wife. My marriage was solemnized about eleven years ago. I have two daughters namely Amreen and Baby Riza Anjum ' Honey aged about 9 and 5 years respectively. My husband was harassing me for the last several months and he used to leave the house leaving me alone in the house. On 11.10.2005 at about 3.20 p.m. I was present at my house and my both daughters were playing outside the room in the veranda. My husband and brother-in-law (Jeth) came down from the terrace. Without giving me a chance to take care of myself, my brother-in-law Jafar-ul-Islam poured the kerosene oil on me and my husband lit the match stick and threw the same on me as a result whereof my clothes caught fire. My father-in-law Waheed Ahmad was exhorting to finish me today itself, actual words being "Aaj Ise Khatam Kar do, Baad me main sab dekh loonga ye aurat aise manne wali nahin hai". Both my daughters were also witnessing this incident. These people have set me ablaze with the intention of killing me. Necessary legal action be taken against them. I have heard the statement and the same is correct.
RTI of Shabana Anjum
4. PW-11, S.I. Har Prasad made an endorsement, Ex.PW-11/B, on the complaint of Shabana Anjum and got the case registered vide FIR No. 615/2005 Ex. PW-9/A, in Police Station Seelampur under Section 307 read with 34 Indian Penal Code, 1860. During the investigation S.I. Har Prasad prepared the site plan, Ex. PW-11/C, recorded the statements of witnesses, collected one plastic bottle from the spot and some burnt clothes from the scene of crime and put the same in a parcel of cloth and sealed with the seal of "GRS" and seized them vide memo Ex.PW-8/A. He arrested the accused Wahid Ahmed and Mazhar-ul-Islam on the same day, that is, 11.10.2005. Thereafter the investigation was handed over to PW-14, S.I. Nitin Kumar.
5. Smt. Shabana Anjum remained admitted in the Hospital for 31 days and was discharged on request on 11.11.2005. The discharge slip is Ex. PW-7/DA, 7/DB and 7/DC. Thereafter, on 05.12.2005 her condition deteriorated and she was again admitted in the hospital, but she succumbed to her burn injuries on the same day. The post-mortem of the dead body was conducted on 06.12.2005 by PW-1, Dr. S. Lal in GTB Hospital and the case was converted into Section 302 read with Section 34 Indian Penal Code, 1860. As per the post mortem report Ex.PW-1/A, the cause of death was septicemic shock due to superficial to deep ante mortem flame burns. Total area involved 60% of total body surface.
6. After the completion of the investigation, chargesheet was filed against the accuse
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