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| DB sets aside the life-imprisonment awarded to lady for alleged murder | | |
Early Times Report
Jammu, Feb 6
Division Bench of J&K High Court Jammu Wing comprising Justice J P Singh and Justice Sunil Hali today allowed the appeal filed by Parveena who was convicted and sentenced to imprisonment for life and fine of Rs 5000 by trail court for the murder of Constable Noor Mohammad by pouring acid on him.
The Double Bench set-aside the life-imprisonment and fine to the lady awarded by Trial Court of Additional Sessions Judge Doda vide judgment July 30, 2008 for committing murder of Constable Noor Mohd of Police Station Thathri by pouring acid on him September 3, 2003.
According to the police investigation that deceased constable Noor Mohd had illicit relationship with the appellant Parveena Begum for more than a year, as a result the appellant’s relations with her husband Ghulam Mohd got strained to the extent of reaching the stage of divorce.
Accordingly, the appellant hatched a criminal conspiracy with her husband to finish Constable Noor Mohd and in pursuance thereto acid was arranged by her husband who aided and abetted her to throw it on the deceased to finish him. On the date of occurrence, she kept her children in a room and induced the deceased to come to her room where a jug carrying acid was poured by her on his head and face. After completion of the investigation challan was presented in the Court and the Trial Court awarded acquitted husband of deceased and awarded life-imprisonment and fine Rs 5000 to appellant Parveen Begum, which was challenged by the appellant.
DB after hearing senior adv M A Goni with advocate A S Kotwal appeared for the appellant and Deputy AG B R Chandan appeared for the state and also considered the submissions of counsels for the parties, perused the materials on the records and the gone through the evidence on the basis the appellant has been convicted.
The judgment by Justice J P Singh for the Division Bench observed that the statement made by the constable Noor Mohd, which has been treated as dying declaration by the Trial Court, was not believed by the Investigating Officer in so far as Noor Mohd is stated to have disclosed that he did not have any acquaintance with the appellant before the occurrence. According to the investigation the deceased had been found carrying illicit relationship with the appellant for a period of more than one year and later appearing in the dying declaration of the deceased that he did not know the appellant earlier, had been made by him because he was of the impression that the acid burn injuries would not cause his death.
DB also observed that the statement made by Numberdar to the fact that he had not seen the deceased at his place on the day of occurrence too makes the statement of Constable Noor Mohd that he had gone to the house of Mohd Issa before the occurrence, doubtful. Accordingly Division Bench allowed the appeal filed by the appellant and setting-aside the appellant’s conviction and sentence awarded by the Additional Sessions Judge Doda judgment dated July 23, 2008 and the appellant is acquitted and ordered to be set to liberty forthwith if not required in any other case. JNF
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