BASIULLAH Vs. STATE
LAWS(DLH)-2016-5-221
HIGH COURT OF DELHI
Decided on May 30,2016

Basiullah Appellant
VERSUS
STATE Respondents




JUDGEMENT

G.S SISTANI,J. - (1.)The present appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure and is directed against the judgment dated 19.12.2014 and order on sentence dated 24.12.2014 passed by the Additional Sessions Judge, New Delhi in Sessions Case No. 11/10, by virtue of which the appellant has been convicted under Section 302 of the Indian Penal Code, and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 50,000/ - for the offence punishable under Section 302 of the Indian Penal Code.
(2.)The brief facts of the case, as noted by the learned Trial Court are as under:
"The accused has been sent up for trial on the allegations that on 15.09.2009 at about 07.30 p.m., accused Basiullah went to the parental house of deceased Salma Begum i.e. H. No. E49/L264, Gali No. 28, Janta Colony, Welcome and asked about Salma. When Salma came downstairs, accused took out a chhuri which he was carrying with him and indiscriminately stabbed Salma Begum. At that time, Shabiya Begum (PW1) was also present there and on hearing the cries of Salma Begum and Shabiya Begum, neighbours namely Fahim (PW10) and Shammi (PW8) reached to their rescue. PW10 Fahim saw Salma Begum lying on the floor and accused Basiullah stabbing Salma Begum. When accused Basiullah tried to flee, Faheem Ahmad and Shammi overpowered him and snatched chhuri Ex.P1 from him. Salma Begum was transported to GTB Hospital by her brother Chand Babu (PW4). Somebody informed the police and the information was recorded at PS Welcome vide DD No. 22A (Ex.PW3/A).On receiving the information, police reached at the spot and accused Basiullah, alongwith knife Ex.P1, was handed over to the police by PW10 Faheem and PW8 Shammi. On 23.09.2009, Salma Begum expired and on 24.09.2009, post mortem on the body of deceased Salma Begum was conducted by PW11 Dr. Meghali Kelkar who submitted the post mortem report, Ex.PW11/A. PW11 Dr. Meghali opined that Salma Begum died due to septicemic shock as a result of antemortem injuries produced by a sharp edged weapon and injury no. 1, as detailed in post mortem report Ex.PW11/A, was found to be sufficient in ordinary course of nature to cause death of Salma Begum. During investigation, it was revealed that accused Basiullah was married to deceased Salma Begum. After the marriage, the accused demanded dowry in the form of money from deceased Salma Begum and to have his demands fulfilled, regularly harassed her and beat her. Due to harassment, Salma Begum left the house of the accused and came to her parental house. After the completion of investigation, the accused was chargesheeted for offences u/s 498A/ 302 IPC."

(3.)In order to bring home the guilt of the appellant the prosecution examined 22 witnesses in all. The statement of the appellant was also recorded under Section 313 of the Code of Criminal Procedure wherein he pleaded his innocence by denying all the incriminating circumstances and claimed to be falsely implicated.


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