The judgment establishes the importance of circumstantial evidence, the last seen theory, and the recovery of the weapon of offence in proving guilt in a murder case.

Indermeet Kaur, J.

1. On 11.09.2006 dead body of Ashraf Ali @ Munna was found in Kusro Park, Hazarat Nizamudin, New Delhi within the jurisdiction of Police Station Hazarat Nizamudin. This body had been located by beat constable Pramod (PW-9); time was 10:15 AM. Information was sent to the local police station which was documented vide DD No. 6-A (Ex.PW-22/A).

2. ASI Jeet Singh (PW-19) accompanied with constable Dharampal reached the spot; blood was found lying on the spot; a male human dead body about 15-20 steps away from the entrance was found lying in the bushes. Cut wounds were noted on the neck as also on the stomach of the deceased. The deceased was wearing a grey coloured T-shirt and an orange colour legging. A pair of spectacles was lying near the dead body; so also a key ring having a brass plate upon which was inscribed with “room No. 8, Haji Guest House”.

3. Inspector H.C. Verma (PW-22) also reached the spot. In the course of inquiry made from room No. 8 of “Haji Guest House”, it was revealed that a couple by the name of Ashraf along with his wife Rubina was occupying room No. 8 of the said guest house since 11.09.2006; they were residents of Bombay. PW-19 on reaching the guest house found the room locked from inside. On opening the door Rubina (PW-8) was found in the room. She disclosed that she had been married to the deceased in the year 1992 and she along with her husband had come to Delhi on 11.09.2006 and was since staying in room No. 8 of “Haji Guest House” On 16.09.2006 (fateful day of the incident) she along with her husband had come out of the guest house at about 06:00-06:15 AM when she noted that Moinuddin (resident of her village) was standing there. Moinuddin invited her husband to have tea with him; PW-8 did not want her husband to stay back with Moinuddin but she since she had to meet her brother-in-law and her sister who was not well, she left her husband in the company of Moinuddin and went to meet her sister. She returned back at 01:00 PM where the Manager met her and asked her to accompany her to Khusro Park where on reaching there she found the dead body of her husband. A pair of spectacles and a bunch of key were lying near the body. She suspected Moinuddin to be the culprit and informed the police; she also handed over a letter (Ex.PW-8/B) purportedly written in hand by Moinuddin to her which revealed a passionate infatuation and a one sided love by Moinuddin for PW-8 to which she had never responded. Further testimony of PW-8 being that Moinuddin was offended by her this non-responsive attitude and threatened her that he would not allow her to live with anyone else but with him. Ex.PW-8/B was handed over by PW-8 to the police.

4. Post mortem of the deceased was conducted on 19.09.2006 by Dr Bharat Verma (PW-15). The following four injuries were noted on his body:-

“1.Cut throat wound present over the lower half of the neck measuring 8 cm x 5 cm bone deep oval shape measuring 41 cm in circumference.

2. Stab wound present over the upper half of abdomen triangular shape with base upwards measuring 6 cm x 2 cm x viscra deep with a part of intestine exuding out of the wound.

3. Incised wound measuring 3cm x0.5 cm x skin deep present over the index figure right hand.

4. Incised wound measuring 2 cm x0.5cm x skin deep present over the middle finger right hand.”

They were opined to be ante mortem. The following four internal injuries were also noted:-

“1. Skin, subcutaneous tissue, muscles, thyroid, larnyx and trachcal rings damaged as a result of injury no.1.

2. Perforating wound, through and through present over heart 100 ml of fluid blood present in the cavity.

3. Jugular veins and carotid arteries damages as a result of injury no.1.

4. Stab wound measuring 6cm x 2cm x 0.5cm present over the anterior aspect of liver, extension of injury no.2.”

Cause of Death:-

The cause of death in this case was shock as a result of haemorrhage due to multiple injuries. All injuries are ante mort