The main legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond reasonable doubt, especially in cases based on circumstantial evidence.

JUDGMENT :

1. This appeal is by the accused appellant against the judgment and order of conviction and sentence, dated 01.06.2013, passed by the Additional Session Judge, Court No.2, Aligarh in Session Trial No.951 of 2008, State vs. Km. Gulrooh Tarannum @ Raxi (arising out of Case Crime No.633 of 2007) Police Station Civil Line, District Aligarh, whereby the accused appellant has been convicted under section 302 IPC and sentenced to life imprisonment with fine of Rs.50,000/-and in default of fine she is to undergo six months additional simple imprisonment, separately, for committing murder of two deceased Hasan Aziz Farooqi and Rana Aziz Farooqi; under section 304 IPC for two years rigorous imprisonment with fine of Rs.5,000/ and in default of fine she is to undergo one month additional simple imprisonment; under section 420 IPC for three years rigorous imprisonment with fine of Rs.10,000/-and in default of fine she is to undergo three months additional simple imprisonment; under section 467 IPC for five years rigorous imprisonment with fine of Rs.20,000/-and in default of fine she is to undergo six months additional simple imprisonment; under section 468 IPC for three years rigorous imprisonment with fine of Rs.10,000/-and in default of fine she is to undergo three months additional simple imprisonment; under section 471 IPC for one year rigorous imprisonment. All the sentences are to run concurrently.

2. Hasan Aziz Farooqi was employed in Aligarh Muslim University and retired from the post of Section Officer. His wife Smt. Rana Aziz Farooqi was a teacher in Aligarh Public School. After her retirement both Hasan Aziz Farooqi and Smt. Rana Azia Farooqi were living at House No.3/18, United Colony, Amir Nisha, Police Station Civil Lines, Aligarh. As per the informant (PW-1), Hasan Aziz Farooqi and Smt. Rana Aziz Farooqi were to reach Lucknow on 23.11.2007 but they did not reach. Their nephew Rehaw Farooqi, who was residing at Lucknow, called the informant to go and verify. Accordingly, the informant came to the house of Hasan Aziz Farooqi and found the door to be locked from outside. He smelled stench coming out of the house and contacted the owner Fazal Abbas (PW-2). The house was searched from all sides and with the help of neighbours the lock was broke open. It was found that dead body of Smt. Farooqi was lying on double bed whereas dead body of Hasan Aziz Farooqi was lying on the floor. It appeared that the death has occurred several days back. The informant suspected that some unknown person killed the elderly couple and locked the house. A written report (Ex.Ka.1) in that regard has been given by the informant to the Incharge, Police Station Civil Lines, Aligarh. Contents of the written report were transcribed in the general diary and First Information Report was lodged as Case Crime No.633 of 2007, under Section 302 IPC, Police Station Civil Lines, District Aligarh on 24.11.2007 at 11.30 am.

3. According to the prosecution case, the accused appellant was living in a different portion of the same house where deceased couple was also residing. After dead body of elderly couple was found the police contacted the accused appellant and she was arrested on 26.11.2007. According to the police, one Nokia mobile phone belonging to the accused herself and one mobile phone belonging to deceased couple was recovered from the accused appellant. Recovery is said to have been witnessed by PW-1. During the course of investigation it was found that the deceased couple had opened a joint saving bank account in the Bank of Baroda, Branch Malkhan Nagar, Aligarh bearing account no.2161010000716 on 31st August, 2007. It was found that deposits made in the joint account of deceased couple had been withdrawn vide five cheques bearing cheque no.760722 dated 18.10.2007 for a sum of Rs.2,10,000/-; cheque no.760727 dated 22.10.2007 for a sum of Rs.25,000/-; cheque no.760737 dated 23.10.2007 for a sum of Rs.1,34,000/-; cheque no.760730 dated 13.11.2007