* Ablaa nari wife finds a loverboy in one of husband's assistants* Husband finds out tries to stop her
* she doesn't listen continues relationship
* She gives sleeping pills to hubby, and when he gets drowsy joins loverboy to CUT husb's throat in a horrible manner and kill him
* Blood dripps all over, and flows to lower house,
* Lower house woman asks about blood
* wife lies that it is blood lost while meat being cut !! ... an accident !!!
* Finally wife leaves house and husband's body starts to rot and smell !!!
* Police are called in and they trace wife
* All this happens in in august 2007
* She is caught
* She is finally convicted in 2013
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CASE FROM JUDIS DOT NIC DOT IN SITE
Bombay High Court
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.234 OF 2009
1] Salma @ Hanifa Ansar Ansari,
Adult, Indian Inhabitant,
Resident of Maharashtra Nagar No.1,
Hut 156, Bandra Mumbai at present
2] Mohammed Imran Ahmed,
Adult, Indian Inhabitant,
Resident Nargish Datta Nagar, Bandra
[W] Mumbai-400 050 at present
Nashik Jail. **Appellants
The State of Maharashtra, through
Inspector Incharge, Bandra Police Station
To be served through Public Prosecutor,
High Court, Mumbai. **Respondent
Mr. Priytosh Tiwari, Ld. Advocate h/f Shri A.M. Saraogi, Ld.
Advocate for the Appellant,
Shri P.S. Hingorani, Ld. A.P.P. for the Respondent-State.
CORAM : SMT. V.K. TAHILRAMANI &
SHRI. P.D. KODE, JJ.
RESERVED ON : MARCH 15, 2013
PRONOUNCED ON : JULY 18, 2013.
JUDGMENT [PER : SHRI. KODE P.D. J.] :-
The appeal is directed against the judgment and order dated 3rd February, 2009 passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No.943 of 2007, convicting the appellants for in furtherence of their common intention committing murder of one Anwar Ahmed Hussain, husband of appellant no.1 on 21st August, 2007, in the house of deceased and appellant no.1, at mezzanine floor of Room No.156, Maharashtra Nagar, Compound No.1 [West] and sentencing each of them to suffer imprisonment for life.
2. According to prosecution, deceased Anwar along with his wife, appellant no.1 and two children were residing at the said mezzanine floor of room no.156 Maharashtra Nagar, Compound No.1, Bandra (W), in which offence in question was committed. He was earning livelihood by hawking and selling spectacles near Bandra Railway Station. The appellant no.2 was assisting in said business and was also visiting the house of the deceased. The said visit turned in love affair in between the appellants. The deceased warned the appellant no.2 not to come to his house. However, the appellants went on meeting each other.
2.1 On the day of incident appellant no.1, from Medical Shop "Doctor's Chemist" run by PW5 Izaz Abdul Gaffur, purchased sleeping pills, "Restil" and administered it to the deceased. She then called appellant no.2 at her house on the pretendance of deceased being sick.
2.2 At about 7 to 8 p.m. after occuring noise in the house of the deceased, blood mixed with the water drip on the husband of landlady PW 2 Smt. Anwari Begum Isla Uddin, residing beneath the house of deceased on the mezzanine floor. PW2, having not received any response to call given to appellant no.1 from the staircase, asked her neighbour Shamim to find out the happenings. The appellant no.1, in response to call given by Shamim, by partly opening the door of her house, told that while cutting mutton, she sustained injury to finger and blood for injury might have dripped in the house of PW2. The appellant no.1 told that she will be wiping it and cleaning the house of PW2.
2.3 On the next day i.e. on 22nd August, 2007 at about 9 to 9.30 a.m. both the appellants along with the children of deceased and the appellant no.1 came down the mezzanine floor after locking the room and left the house with appellant no.2 carrying a big bag and thereafter did not return.
2.4 On 23rd of August, 2007 late in the night, odour started emitting from said room on mezzanine floor and odorous liquid percolated from the room. The residents in the area informed reported matter to Bandra Police Station. PW14 PSI Kudapkar on PSO duty along with Police Constable PW1 Brid and other police staff went to the said place. PW2 informed them that deceased, appellant no.1 and their children, were residing on the mezzanine floor and odour was emitting from the said room. PW1, after going upstairs found that room was locked. As the neighours and the landlady were not having key of the said lock, they broke open the lock and entered the room and found that decomposed corpse of deceased was lying on a bed-sheet spread on the floor with one black ribbon strangulated tightly round his neck giving an impression that deceased was murdered by strangulating with said ribbon.
2.5 Accordingly, PW1 lodged report Exh.10. PW14 registered Crime No.349/2007 thereon for offence under Section 302 of the Indian Penal Code against unknown person. He drew inquest and scene of offence panchanama Exh.20 and 21 in presence of panch PW7 Mohd. Hassain and another. He seized blood stained knife Article 21, chopper Article 22 and steel hammer Article 24 kept below suit case and so also blood stained salwar Article 20 found in the said room. He sent the corpse for post-mortem to Cooper Hospital at which PW10 Dr. Kachare performed it and prepared the post mortem notes Exh.31. PW10 also sent the viscera to Chemical Analyser of which the report receuved is Exh.33. PW14 also seized a quilt Article 14 and sando baniyan Article 15 stained with the blood and dropped from the loft, produced by landlord of the deceased at the Police Station, by drawing panchanama Exh.18 in presence of panch PW6 Vasim and another. On 25th August, 2007 PW14 seized clothes of the deceased Article 16 and Article 18 and a navy colour underwear brought by Police Constable Salve at the Police Station from the Cooper Hospital, by drawing panchanama Exh.40 in presence of panchas PW7 and one another.
2.6 PW15 PI Sawant investigating the said crime received the clue of commission of the offence by the appellants and sent PW9 API Badgujar and the staff to Mirath (U.P.) for nabbing appellant no.2 hailing from the said place. PW9 arrested the appellants in a one room at Shajah Nagar area of by drawing panchanama Exh.28 at Mirath on 2.9.2007 and brought them to Bombay on 4.9.2007. PW15 on 6.9.2007 sent them to the medical examination.
2.7. According to the prosecution, the appellant no.2 gave the confession to PW11 Dr. Shinde on 6.9.2007 while examining him by giving history that he had killed one Anwar Husain Sibiti Hasan (deceased) on 21.8.2007 at about 8 p.m. and at that time during the incident he sustained injury. Exh.35 is the report accordingly prepared by PW11. According to the prosecution, the appellant no.1 also gave the confession to PW11 Dr. Shinde on 6.9.2007 while examining her by giving history that she killed her husband Anwar Husain with the help of appellant no.2 Mohd. Imran Najir Ansari on 21.8.2007 at about 8 p.m. and at that time during the incident she sustained injuries. Exh.36 is the report accordingly prepared by PW11.
2.8. According to the prosecution PW15 on 7.9.2007 as a sequel to the statement made by appellant no.1 leading to the discovery of the medical shop at which she had purchased sleeping pills, went to the medical shop of PW5 Izaj Gafoor to which appellant no.1 had led panchas and Police and Exh.42 is the memorandum and discovery panchanama of the said events drawn by him.
2.9. According to the prosecution PW15 on the same day as a sequel to the statement made by appellant no.2 leading to the discovery of a bag thrown by him at Banda creek in which he had kept the gunny bag and the clothes by which the appellant no.1 cleaned the blood after throat of deceased was cut by him with the assistance of appellant no.1, went to Bandra flyover to which appellant no.2 had led panchas and Police and seized bag containing the clothes articles 1 to 13 in presence of panch PW3 Rashid Mujawar and another by drawing panchanama Exh.24 and 25. PW15 after bringing the said articles to the Police Station, kept them for drying and thereafter again sealed said clothes by drawing panchanama Exh.26 in presence of same panchas i.e. PW3 Rashid Mujawar and another. PW15 vide forwarding letter Exh.43 sent muddemal articles seized to Chemical Analyser for examination.
2.10. At the conclusion of the investigation, PW15 submitted charge-sheet against the appellants for in further of their common intention having murdered deceased , in the court of 9th court of Additional Chief Metropolitan Magistrate, Bombay.
3. The appellant pleaded not guilty to the charge (Exh.3) framed against them for such offence by the Court of Sessions, after the case was committed to the said Court. The prosecution examined in all '15' witnesses at the trial i.e. above referred witnesses and additionally PW4 Haji Mohammaed Sharif regarding appellant no.2 assisting deceased and appellant no.1 in their business, PW8 P.C. Suresh Salve regarding handing over navy blue colour underwear Article 16 and the ribbon Article 18 on the corpse to PW14, PW12 Abida M. Qureshi regarding room in question was locked when Police had been at the said room and PW13 Mohammad A. Mansuri regarding the appellant no.2 visiting shop on 21.8.2007 and taking Rs.500/- from him on the pretext of his mother being sick and then he was frightened and collecting his articles and leaving with the bag. The prosecution also placed reliance upon the other documentary evidence, which was prepared during the course of investigation.
3.1. The defence of both the appellants was that of total denial and of false implication by Police. The appellant no.1 though admitted that deceased was her husband and they were residing on mezzanine floor and appellant no.2 was visiting place of business claimed that he was not visiting her house and was her brother.
The appellants did not examine any witness in support of their defence.
********** rest of the judgement at the link below