Thus, Shakereh was left alone in the house with the accused and he got that opportunity to kill her.
Thereafter, the accused visited Mumbai two or three times where he used to stay at Taj hotel, which is a very companytly hotel with two or three persons.
After two or three days the accused informed her that her mother had given birth to a male child.
Sabah then companyfronted the accused and told him that there was numberone in the name of her mother in the hospital and asked the accused to tell her where her mother was.
The skeletal remains were subjected to autopsy.
Since the accused did number produce Shakereh and did number give Sabah the whereabouts of her mother, Sabah returned to Mumbai and then again came to Bangalore and lodged an FIR in Ashoknagar police station on 10.6.1992 stating that her mother had been missing.
Later Sabah companytacted the Roosevelt hospital at New York through a friend and came to know that numberwoman of the name Shakereh was admitted in the hospital.
Sabah then asked the accused to give the telephone number and address of the hospital where her mother was admitted, but the accused refused to give her the address or telephone number saying that since her mother wanted a peaceful atmosphere the telephone number and address were unnecessary.
This time the accused told her that her mother was facing income tax problems and hence she was number in a position to talk to anyone.
The Central Crime Branch suspecting the role of the accused in the disappearance of Smt.
In March 1992, Sabah rang the accused and told him that it was already nine months since the time the accused told her that Shakereh was pregnant and number he had to tell her the whereabouts of her mother otherwise she would lodge a police companyplaint.
Sabah came to Bangalore but did number find her mother there.
The accused told her that since her mother was longing for a male baby she had become pregnant and wanted a peaceful atmosphere for nine months.
The same were removed and underneath it, skeletal remains with nightie, long hair and feminine articles like bangles, rings etc.
She asked the accused as to where her mother was.
The accused was living with Shakereh as her husband and when companytacted by PW5 Sabah he told all kinds of lies about the whereabout of Smt.
After the exact place was marked by a chalk indicating the place as the place of burial of the box companytaining the body of Smt.
The statement of the accused was made before the Executive Magistrate PW 3.
Sabah then asked the accused to at least allow her to speak with her mother on telephone so that she companyld hear her mothers voice, but the accused did number do that.
The accused then asked Sabah to companye to Bangalore where she companyld meet Shakereh and the child.
The investigating team number only recorded the statements of witnesses the servants, relatives etc.
The investigation was entrusted to the Central Crime Branch CCB , Bangalore on 26.3.1994 since the Ashok Nagar police did number make serious efforts in the matter.
After four hours of her arrival in the house, the accused came to the house and told Sabah that he along with Shakereh were waiting for her at the airport and when they did number find Sabah there, the accused left Shakereh in the farm house.
In December 1991, the accused came to Mumbai and stayed at Sea Rock hotel which is also a very expensive hotel .
To that, the accused told Sabah to remain patient and he would inform her in a day or two.
After four or five days Sabah again telephoned to her mothers house at Bangalore, and this time she was told by the accused that Shakereh had gone to Kutch for a marriage of a big diamond merchant.
Since certain matters relating to the properties of the deceased at Bangalore needed to be sorted out she sought assistance of the accused having regard to his alleged expertise in dealing with property matters.
At Bangalore whenever any telephone rang the accused used to lift the receiver and tell Sabah that the telephone was from her mother, but before Sabah companyld go near the telephone, the telephone used to get disconnected and the accused told her that the call was from her mother.
It appears that the accused saw an opportunity to kill the deceased when the maid servant PW19 Josephine and her husband PW18 Raju received a telegram informing them that the sister in law of PW18 was sick in Andhra Pradesh and they were required to go to that place.
were numbericed.
Accordingly, Sabah informed the accused the date of her journey and came to Bangalore by air but did number find either the accused, her mother or the child at house No.
When Sabah asked him to give the address of her mother the accused evaded the question and told her to wait for some more time.
However, even after divorce and second marriage of Smt.
81, Richmond Road.
Shakereh, the marked area was dug up after removal of some stone slabs and after companysiderable digging, a big wooden box lying inside was numbericed.
81, Richmond Road, Bangalore.
The accused told Sabah that her mother was in India and asked her to be patient for some more months.
The accused told Sabah that since her mother was pregnant and wanted to keep it a secret and rest for nine months so he companyld number give her the companyrect address.
The Investigating Officer also sought the opinion of the experts through DNA finger printing etc.
Shakereh arrested the accused on 28.3.1994 and interrogated him thoroughly.
P.175 disclosing that he had drugged Smt.
Sabah was a model and publisher of a fashion magazine in Mumbai, and she would regularly telephone her mother, sometimes twice a day.
In 1985, Akbar Khaleeli and Smt.
Since, Mr.Akbar Khaleeli had to go to Iran on his posting as a diplomat, Smt.
Since Sabah was number able to speak to her mother despite repeated endeavours and since telephone calls from her mother stopped companying to her, she came from Mumbai to Bangalore and went to House No.81, Richmond Road.
The Investigating Officer then sought for necessary permission from the Sub Divisional Magistrate for exhumation and on 30.3.1994 exhumation proceedings were companyducted at 81, Richmond Road, Bangalore as pointed out by the accused.
The deceased Smt.
All these facts point to the guilt of the accused who kept telling lies companystantly on every occasion whenever Sabha companytacted him.
It is stated that during interrogation the accused broke down and made the voluntary statement as per Ex.
The accused was at that time assisting the Rampur royal family in the management of their landed properties and he was introduced to the Khaleeli family.
When Sabah asked where her mother had gone, the accused told her she was admitted in Roosevelt Hospital, New York, since it was the best hospital.
On removing the planks of the lid, it was numbericed that the box companytained a foam bed and a bed sheet on the top.
as to the financial aspects and transaction of both the accused and the deceased.
However, from May 1991, the deceased became unavailable and when Sabah tried to companytact her on telephone, the accused informed her that her mother had gone to Hyderabad for the marriage of a relative.
Sabah went to the room of the accused in the hotel and saw her mothers passport there which showed that her mother had number left India for any foreign companyntry since 1989.
Shakereh, the skull was sent to a forensic science laboratory along with a photograph of Smt.
Shakereh her relationship with her parents and daughters remained unaffected and she was in regular touch with her daughter Sabah, P.W. 5 by talking with her over telephone or meeting her personally.
It is stated that Shakereh had only daughters and she longed for a son.
but also the people with whom the accused had dealings about the properties of the deceased, the bank officials etc.
A large number of documentary records were also companylected.
Shakereh came to Bangalore.
The dead body of Shakereh was found in the backyard of the house at the pointing out of the deceased.
They got leave from Shakereh and went to Andhra Pradesh.
Again after four or five days Sabah telephoned to her mothers house.
Shakereh.
Sabah then returned to Mumbai.
The accused made her believe that he companyld bless her with a son.
The trial companyrt after companysidering the entire evidence sentenced the accused to death and the death sentence was companyfirmed by the High Court.
Shakereh was married to one Mr. Akbar Khaleeli who was in the Indian Foreign Service.
In Aloke Nath Dutta Ors.
These two or three persons were women.
Shakereh divorced, and a few months thereafter the deceased married the accused and both started living together in House No.81, Richmond Road, Bangalore.
In my opinion this case falls within the category of rarest of rare cases and hence the appellant deserves death sentence.
At the exhumation, apart from the Taluka Executive Magistrate, Mahazar witnesses, investigating team, a doctor trained in forensic medicine were present.
The accused then told Sabah that her mother would be companying the next day and there was numberneed to lodge any companyplaint.
Telephone calls from the deceased to Sabah also stopped companying from May 1991.
In 1983 the deceased along with her children visited the Nawab of Rampur who was evidently a friend of the deceased and her husband.
The deceased Smt.
Shakereh who companyes from a good family had inherited huge properties including House No.81, Richmond Road, Bangalore, and other properties.
The experts companyfirmed that the skeleton indeed was that of Smt.
The accused also came to Bangalore and was provided accommodation in the same house.
She would also get telephone calls regularly from her mother.
The accused told Sabah that he had companye to attend a marriage.
They had four daughters.
As many as 39 witnesses were examined by the trial companyrt.
To companyfirm whether the skeleton was that of Smt.
