Ghaziabad Court Delivers Life Sentence in 2021 Wife Murder Case
A local court in Ghaziabad has handed down a life imprisonment sentence to a 26-year-old man for the brutal murder of his wife, with the conviction primarily resting on the compelling testimony of the victim's adopted teenage daughter, who witnessed the horrific crime in 2021.
Case Background and Arrest
The case originated from an FIR filed by Guddu Khan with the Nandgram police on November 28, 2021, accusing Shamshad, also known as Raju, of killing his sister Sahana the previous night. According to the complaint, police registered the case under sections 302 (murder), 323 (voluntarily causing hurt), and 506 (criminal intimidation) of the Indian Penal Code. They also seized the paper cutter allegedly used by Shamshad to slit his wife's throat.
Shamshad fled the scene and remained at large for nearly a year and a half, with police declaring a bounty of Rs 25,000 for his capture. He was finally arrested on February 24, 2023. Following his arrest, police filed a chargesheet, and the court took cognisance on March 29, 2023, framing charges within two months. Shamshad pleaded not guilty, leading to a full trial.
Key Testimony from Adopted Daughter
The prosecution presented 11 witnesses, but the most crucial evidence came from the teenage girl, Afreen, who was the sole eyewitness to the murder. Afreen testified that she was sleeping beside her mother when she awoke to a heated argument between her parents. The dispute centered on Shamshad's desire to relocate to Delhi, which Sahana opposed.
"In a fit of rage, my father sat on my mother, held her by the hair with his left hand, and used a cutter to slit her throat," Afreen told the court. She described how she screamed and attempted to run for help, but Shamshad slapped her and threatened to kill her if she informed anyone. He then fled, leaving the door open, allowing Afreen to seek assistance from neighbors.
Her statement was corroborated by Guddu Khan, who explained that his sister Sahana, having no children of her own, had adopted his daughter Afreen. After Sahana's second marriage to Shamshad, they lived in a house close to Guddu's. He noted that he was unaware of any marital discord, as the incident occurred just 70 days after their wedding.
Court Proceedings and Defense Arguments
The defense challenged Afreen's testimony, questioning the legality of her adoption by Sahana and Shamshad and arguing that the prosecution failed to provide convincing evidence regarding Sahana's divorce from her first husband. However, the court dismissed these arguments, emphasizing that the adoption's validity was irrelevant to the case.
The court observed that Afreen was the only eyewitness and gave a natural, credible account without contradictions during examination or cross-examination. Her testimony aligned with other witnesses, including family members, neighbors, and the autopsy doctor, who confirmed the cause of death as a slit throat.
Verdict and Compensation
Additional Sessions Judge Arwind Mishra pronounced Shamshad guilty on Saturday, opting for life imprisonment instead of capital punishment after considering the circumstances. The court also imposed a total fine of Rs 1.06 lakh.
In a significant move, the court applied Section 357 of the CrPC (victim compensation), designating eyewitness Afreen as the victim rather than the plaintiff. It ordered that 90% of the fine amount be awarded to her as compensation, recognizing her trauma and loss.
This ruling underscores the judiciary's reliance on credible eyewitness testimony, even from minors, in securing convictions for heinous crimes, while also highlighting provisions for victim compensation in the Indian legal system.
