Man accused of killing live-in partner acquitted in Delhi

A man accused of murdering his live-in partner was acquitted by a city court, which said the mere relationship with the deceased does not make him guilty.

"Merely because the accused and the deceased shared a relationship, does not mean that the accused was guilty of the offence of murder," additional sessions judge Ajay Kumar Kuhar said.

The court acquitted the accused as most of the prosecution witnesses, including the slain woman's 11-year-old son, had turned hostile.

Accused Shabbir Ahmed, a resident of Sangam Vihar, was accused of murdering Lado alias Khusboo, whose body was found in a forested area opposite Tughlakabad Fort on March 19, 2008 in a highly decomposed state.

The body was identified as that of Lado by her son, who told the police that his deceased mother was missing since May 16, 2008 after she had gone with the accused.

As per the prosecution, the accused used to live with Lado before her death and look after her children as she was in the habit of taking liquor.

While deposing as prosecution witness, Shabbir's wife, however, turned hostile and told the court she herself used to live with her husband and children. The brother of the accused, who had told police that the accused was living separately from his wife, also turned hostile.

The police had claimed it had recovered the slippers of the deceased from the house of the accused. The slain woman's son, however, told the court that the footwear had been picked up by the police from his house.

Taking note of the child's deposition, the judge said, "He is a child witness aged about 11 years and one cannot expect that he would spontaneously concoct a version that the chappals were taken by the police from his house."

The court also noted that the deceased used to refer to the accused as her husband, which was testified by two witnesses, one of whom was a fruit vendor living in the neighbourhood of the deceased.

"The witnesses have spoken about the relationship of the accused with the deceased. The question arises whether this relationship by itself is a sufficient circumstance or the evidence to hold the accused guilty for the murder of the deceased Lado. The answer would be in negative," the ASJ said.

The court also found non-reliable the testimony of an eyewitness who told the court that he had seen the accused Shabbir going on a cycle carrying a gunny bag on its carrier early in the morning and when he enquired, Shabbir had become perplexed and replied that he was carrying bones.

"No chain of the circumstantial evidence is made to link accused with offence. The accused, therefore, stands acquitted of the charges," the court said.