ABDUL GAFFAR @ ABDUL GAFFOOR Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment and order dated 2.6.2008 passed by the High Court of Uttarakhand at Nainital in Govt. Appeal No. 1472 of 2001 by way of which the High Court has allowed the State appeal reversing the judgment of the Sessions Court by way of which the trial Court had acquitted the appellant for the offences punishable under Sec. 302 Penal Code and convicted him under Sec. 309 Penal Code and awarded the sentence as already undergone.

(2.) According to the evidence on record, the incident occurred in 1988 wherein the deceased Faujia @ Firoza who got married twice earlier and had taken divorce and had got married third time with appellant was found lying in a pool of blood and grievous injuries were found on her body in a room bolted from inside and appellant was also having three injuries on his body. The people who were the tenant and the landlord of the same premises had gathered in the early morning after hearing the screams. Post morterm was conducted and the following injuries were found on the person of the deceased:-

(3.) There has been sufficient evidence on record to the extent that the room was found bolted from inside and there were only two persons in the room, the deceased and the accused and none else and such a fact view has been categorically stated by all the witnesses. The appellant in his statement under Sec. 313 Cr.PC has stated as under:-