W.P.(CRL) 906/2022 Page 1 of 61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 02.08.2022

Date of decision: 16.09.2022

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W.P.(CRL) 906/2022, Crl.M.A. No. 7644/2022 and 7645/2022

WAHID AHMED

..... Petitioner

Through:

Mr. Sarthak Maggon, Advocate.

versus

STATE OF NCT OF DELHI & ORS.

..... Respondents

Through:

Mr. Sachin Mittal, ASC for State with

SI Akhil Chaudhary.

Mr. Abhijit Shankar, Advocate Law

Officer Central Jail No. 3, Tihar.

Mr. Shrey Sharawat, Advocate for R-3

UOI.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J

1.

The petitioner, Wahid Ahmed S/o Sh. Ismail Khan, vide the

present petition under Article 226 of the Constitution of India read

with Section 482 of the Cr.P.C., 1973, since convicted vide judgment

dated 09.09.2010 in Sessions Case No.38/2009 of the Court of the

learned ASJ, North-East, Karkardooma Courts, Delhi, along with the

co-convicts Mazhar-Ul-Islam and Jafar-Ul-Islam his sons, for the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003690

W.P.(CRL) 906/2022 Page 2 of 61

proved commission of an offence punishable under Section 302 read

with Section 34 of the Indian Penal Code, 1860, and who, vide the

order on sentence dated 21.09.2010 has been sentenced along with two

other convicts, his two sons, to undergo Life Imprisonment for the

offence punishable under Section 302 read with Section 34 of the

Indian Penal Code, 1860, with the fine imposed of Rs.2000/- each, and

in default of the payment of the fine to undergo two months of Simple

Imprisonment,- seeks direction for premature release in relation to FIR

No.615/2005, PS Seelampur.

2.

The appeals filed by the petitioner herein and his two sons

Jafar-Ul-Islam

and

Mazahar-Ul-Islam,

bearing

numbers

CRL.A.1310/2010, CRL.A.1311/2010 and CRL.A.1245/2010 against

the conviction and order on sentence referred to hereinabove, were

dismissed vide judgment dated 11.08.2011 of the Hon‟ble Division

Bench of this Court.

3.

The SLP filed by the petitioner herein and one co-convict

bearing No.CRL.MP 8092-8093/2012 were dismissed vide order

dated 02.04.2012 of the Hon‟ble Supreme Court.

4.

The review petitions filed by the petitioner herein and one co-

convict seeking review of the order dated 02.04.2012 of the Hon‟ble

Supreme Court were dismissed vide order dated 31.07.2012 of the

Hon‟ble Supreme Court in Review Petition (Crl.) Nos. 336-337 of

2012.

5.

The conviction of the petitioner and the sentence imposed vide

judgment dated 09.09.2010 and order on sentence dated 21.09.2010

against the petitioner to undergo Life Imprisonment for the offence

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003690

W.P.(CRL) 906/2022 Page 3 of 61

punishable under Section 302 read with Section 34 of the Indian Penal

Code, 1860, and the fine imposed of Rs.2000/-, and in default of the

payment of the fine to undergo two months of Simple Imprisonment,

has thus attained finality till the learned Apex Court of this land. The

deceased in this case was Smt. Shabana Anjum, wife of Mazhar-Ul-

Islam, aged 29 years, and the daughter-in-law of the petitioner herein.

The police was called into action on 11.10.2005 on receipt of a PCR

call vide DD No. 14-A received at PS Seelampur of burning of a

woman in House No. 1312, Gali No. 42, Jafrabad, Delhi, whereupon

SI Har Prasad PW-11 and Constable Surender Kumar PW-8 reached

the spot, where they learned that the injured had been taken to the

GTB Hospital by the PCR Van. The injured was found at the GTB

Hospital and was indicated to have sustained about 60% to 65% burn

injuries and was declared fit for statement, and her statement was

recorded, where