MOHD. ASHIQ Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) MOHD .Ashiq, not being true to his name, has been held guilty of murdering his wife Aasmin @ Baby by manual strangulation. He has also been held guilty of the offence punishable under Section 498A IPC. For the offence of murder he has been directed to undergo imprisonment for life and pay a fine of Rs.3,000/ - and in default of payment of fine to undergo simple imprisonment for three months and a sentence to undergo rigorous imprisonment for two years for the offence punishable under Section 498A IPC and pay a fine of Rs.1,000/ - and in default to undergo further two months simple imprisonment.

(2.) MOHD .Ashiq assails the judgment dated June 08, 2012 on the plea that there is no material to show that he was present with Aasmin @ Baby on that night as admittedly even as per the prosecution case Mohd.Ashiq had remarried and was living with his second wife at Nabi Karim. It is highly unnatural that a person after allegedly killing his wife would make extra judicial confession before one and all i.e. the sons, Dhabawala etc. The conduct of Mohd.Shakeel does not inspire confidence as on finding his sister dead he did not inform the police rather informed his brother -in -law living at Gurgaon who on reaching Delhi informed the police. There are contradictions in the testimony of Samida and Mohd.Shakeel in as much as Samida says that she saw Mohd.Ashiq sitting by the side of dead body of her daughter whereas Mohd.Shakeel says that he saw Mohd.Ashiq going out of the hut. Samida has not stated anything about the quarrels between Mohd.Ashiq and his wife whereas Mohd.Shakeel has stated about the same.

(3.) THE investigating machinery was set into motion on a PCR call received at 9.15 AM vide DD No.14 at PS Ashok Vihar on August 04, 2008 that in Patharwala Bagh, JJ Colony, Wazir Pur a dead body was lying near the Masjid. SI Satya Prakash, the then Chowki In -charge Police Station Wazir Pur on receipt of DD No.14 Ex.PW -16/A along with ASI Devraj, Constable Shish Ram and Constable Ugrasen reached at Jhuggi No.17A/177, Patharwala Bagh, Near Choti Masjid. Lot of people had gathered at the spot and body of a woman was found lying on the wooden bed in a Jhuggi with strangulation and injury marks on her neck. She was found bleeding from her mouth. There Mohd.Shakeel met the Sub -Inspector who stated that the body was of his sister Aasmin. He also got his statement recorded vide Ex.PW -9/A on the basis of which FIR was registered.