Illicit relationship is the “biggest weapon” of cheating that destroys a whole family, observed a Delhi court while convicting a woman and her brother-in law for murdering her husband in a pre-planned conspiracy. Additional Sessions Judge Vinod Yadav held guilty Shanti Sharma and her brother-in-law Satender Sharma for the offences under sections 302 (murder), 201 (disappearance of evidence), 120-B (criminal conspiracy) and 34 (common intention) of the Indian Penal Code.
The offences entail a maximum punishment of death penalty. The court has put up the matter for arguments on sentencing on December 10.
“illicit relationship is the biggest weapon of cheating that destroys the whole family. Illicit relationship is a perfect mix for disaster. Most times, it turns the family system into hell. The case in hand is a perfect example of this. “I am of the considered opinion that the deceased (Dilip Sharma) was found dead within the secured precincts of his house raises an irresistible inference that the deceased was murdered by the accused persons in a pre-planned conspiracy,” the judge said in his order passed on December 2.
The court noted that the case was entirely based on circumstantial evidence, which is secondary evidence. “Circumstantial evidence might not directly prove any offence, but to draw guilt of an accused, an entire chain of circumstances has to fall in place,” it said.
It said that the most important circumstance which has the capacity to nail the issue in the matter was that the the deceased having been found dead within the precincts of his secured house. “Admittedly the deceased was found dead within the secured boundary walls of his house. There was no evidence of theft or house-breaking in the said house, even no such defence has been pleaded by the accused persons. The suicide theory is also ruled out on account of the nature of injury marks found on the dead body of deceased.,” the court said.
It further said from the testimony of the deceased’s sister-in-law it was quite clear that there existed “illicit relations” between both the accused persons. “It is clearly evident from the record that just prior to his unnatural, untimely and unexpected death, the deceased had been residing within the secured boundary walls of his house (at the ground floor) alongwith his wife (accused Shanti Sharma) and their three children. “…it is quite clear that accused Satender Sharma had been carrying out his business of manufacturing ‘plastic dibbi’ from the first floor residence of the deceased,” the court said.
During the trial, Shanti and Satender claimed they had been falsely implicated in the case and were innocent. They had claimed that Dilip had died by slipping and falling on the staircase of the house. As per the prosecution, in 2015, Dilip was found dead in his north-east Delhi’s Brahampuri house, lying near the staircase and the police had noticed injury marks and blood stains on his face and neck. The case was filed on the complaint of Dilip’s brother and both the accused were arrested during the investigation.
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