Principal Sessions Judge Ramban RS Jasrotia awarded life-impriosnment to Mohd Shafi S/O Mohd Qasim R/O Indh Tehsil Gool District Ramban for killing his two years child.
The brief Matrix of the prosecution case is that on 30-10-2013 police chowki Indh received an information through reliable sources that a minor namely Mohd Suleiman s/o Mohd Shafi has died in suspicious circumstances and his dead body is lying at home. On the receipt of this information a report was entered in the daily diary register at S.no. 9 of 30/10/2013 and inquest proceedings under section 174 Cr.P.C was entrusted to Nizam Din ASI in-charge police chowki Indh. Statement of the mother of the deceased child and other relatives were recorded u/s 175 crpc, viscera were collected from the dead body of deceased child and was sent for the chemical examination. During further investigation it was found that mother of the deceased Mst. Rubina Begum was married to Mohd Shafi s/o Mohd. Qasim of Indh (accused) about four /five years ago and it was also surfaced that the mother of the deceased was a Hindu from the state of Assam but after her marriage with Mohd Shafi (accused) had changed her name to Rubina and after her marriage with Mohd Shafi (accused), the deceased child aged two years as well as another child aged 6 to7 months were born out of their wedlock but for the last one year, the relation of both husband and wife were strained as Mohd Shafi was adamant to contract second marriage. Mst Rubina Begum told Mohd. Shafi that he is free to contract 2 Marriage but before second marriage he must provide her maintenance so, that she shall lead socially good life along with her two children but Mohd. Shafi was not conceding the demand of his wife. It has been also surfaced that two month prior to the occurrence, the accused Mohd. Shafi had made the child to drink kerosene oil, however, the child vomited it out and was saved. The matter was settled but thereafter relation between two (husband & wife) becomes critically strained however, the matter was not even reported anywhere. It has been further alleged that since Mohd Shafi accused was waiting for a chance to kill Mohd Suleiman (deceased) and therefore on 30/10/2013 at 05:30 in the morning when Rubina Begum had gone to attend the call of nature out of the room, Mohd Shafi gets an opportunity as per plan and administered poison (Nuvan) to his child with an intention to kill him (deceased) at his bed. Whereas, in the meantime, Rubina Begum mother of the deceased came back in the room and saw the child in restless on bed and observed that some kind of froth is coming out of the mouth of her child (deceased) so, immediately took the child to one Abdul Rashid (maulvi) for exorcise (to drive out evil spirit) but he advised her to take the child to a doctor as froth coming out of the mouth of child smells like poison (Nuvan). However, when Rubina Begam was taking the child to doctor, the child succumbed on her way to doctor. The inquest officer Nizam-ud-din ASI on 30/11/13 handed over the inquest file of death of child (Mohd. Suleiman) to police station along with a docket with request to register FIR u/s 302 RPC against Mohd Shafi S/O Mohd Qasim. On the basis of inquest proceeding, FIR No. 89/13 for the offence u/s 302 was registered in Police Station Gool and investigation started in the case.
Principal Sessions Judge Ramban RS Jasrotia after hearing both the sides observed that the case does not fall in the category of rarest of rare, as such, he has to be awarded life imprisonment and fine. From the perusal of record, also, it is crystal clear that though, accused is held guilty of the offence of murder, as he is proved to have killed the deceased with intention or at least knowledge that the poisoning with Dichlorvos DDAP an Oganophosphorous insecticide (NUVAN) by him to the deceased was likely to cause death is proved and, therefore, in the given circumstances, the offence to my mind, does not fall in the category of rarest of rare. Otherwise, also, the age of the accused i.e., about 35 years and his conduct during the trial are the mitigating circumstances in his favour, warranting the alternative sentence only i.e., lesser sentence. Hence, for the reasons given herein above, the accused Mohd. Shafi S/O Mohd. Qasim R/O Indh Tehsil Gool District Ramban, is sentenced U/S 302 RPC to rigorous imprisonment for life and also fine to the tune of Rs.10,000/-. In case of default of payment of fine, he shall further undergo rigorous imprisonment for six months