Ghaziabad Court Hands Down Life Sentence in 2021 Wife Murder Case
A local court in Ghaziabad has delivered a significant verdict, sentencing a 26-year-old man to life imprisonment for the brutal murder of his wife. The conviction was secured primarily through the compelling testimony of the deceased woman's adopted teenage daughter, who witnessed the horrific crime unfold in November 2021.
The Crime and Investigation
The case originated from an FIR lodged by Guddu Khan with the Nandgram police on November 28, 2021. He accused his brother-in-law, Shamshad alias Raju, of murdering his sister, Sahana, the previous night. According to the complaint, the couple had been married for merely 70 days at the time of the incident.
Police registered the case under sections 302 (murder), 323 (voluntarily causing simple hurt), and 506 (criminal intimidation) of the Indian Penal Code. Investigators seized the paper cutter allegedly used by Shamshad to slit his wife's throat. The accused 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.
The Trial and Key Testimony
Following Shamshad's arrest, police filed a chargesheet, and the court took cognisance on March 29, 2023, framing charges within two months. The accused pleaded not guilty, leading to a full trial.
The prosecution presented 11 witnesses, but the most crucial testimony came from the teenage girl, Afreen, who was the sole eyewitness to the murder. She told the court 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 testified. 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 the traumatized girl to seek assistance from neighbors.
Family Background and Defense Arguments
Guddu Khan explained that his sister, Sahana, had no children of her own and had adopted his daughter, Afreen. After Sahana's second marriage to Shamshad, they lived in a house close to his. "I was unaware of any marital disputes, as the incident occurred just 70 days into their marriage," he stated, corroborating his daughter's account.
The defense challenged Afreen's testimony, arguing that her adoption by Sahana and Shamshad was not legally proven. They also contended that since this was Sahana's second marriage, the prosecution failed to provide convincing evidence regarding her divorce from her first husband.
Court's Observations and Verdict
The court, however, dismissed these arguments, emphasizing that the adoption's validity was irrelevant to the murder case. "PW2 (Afreen) is the only eyewitness to the incident and gave a natural and credible testimony. Neither her examination-in-chief nor her cross-examination revealed any facts that would cast doubt on her account," the court observed.
It further noted that there were no material contradictions between Afreen's testimony and that of other witnesses, including family members, neighbors, and the autopsy doctor. The medical evidence conclusively established that the deceased died from a slit throat.
Additional Sessions Judge Arwind Mishra pronounced Shamshad guilty on Saturday. After weighing the circumstances, the judge opted against capital punishment, instead imposing a life sentence and a total fine of Rs 1.06 lakh. In a notable move under Section 357 of the CrPC (victim compensation), the court recognized Afreen as the victim rather than the plaintiff and ordered that 90% of the fine amount be awarded to her as compensation.
This verdict underscores the judiciary's reliance on credible eyewitness testimony, even from younger witnesses, in securing convictions for heinous crimes. It also highlights the court's commitment to providing compensation to victims, particularly in cases involving profound personal trauma.
