WAZIR KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These appeals are at the instance of the appellant/convict - Wazir Khan and is directed against the judgment(s) and order(s) dtd. 25/7/2017 (conviction) and 9/8/2017 (sentence) resply passed by the High Court of Uttarakhand at Nainital in Government Appeal No. 10 of 2011, by which the High Court allowed the appeal filed by the respondent - State of Uttarakhand and thereby reversed the judgment and order of acquittal passed by the trial court. The deceased - Bushra was the wife of the appellant/convict - Wazir Khan. The appellant/convict - Wazir Khan was put to trial in the Court of Additional Sessions Judge, Roorkee, District Haridwar, Uttarakhand in Sessions Trial No. 158 of 2007 for the offence punishable under Sec. 302 and 201 of the Indian Penal Code, 1860 (for short "IPC"). It is the case of the prosecution that the appellant/convict - Wazir Khan committed murder of his wife - Bushra by inflicting injuries all over her body with a knife.

(2.) It appears that one, Mohd. Hayyat informed the police on telephone on 23/7/2007 that the deceased/wife of the appellant had been murdered in her house. This incident appears to have occurred during the intervening night of 22/1/2007 and 23/1/2007. The inquest panchnama of the dead body of the deceased was drawn. The body of the deceased was, thereafter, sent for post-mortem. The post-mortem report on record reveals that there were as many as 17 incised wounds on all over the body. The appellant - Wazir Khan was arrested by the police and taken into custody. Upon completion of the investigation, charge sheet was filed. The appellant - Wazir Khan pleaded not guilty to the charge and claimed to be tried. The prosecution examined as many as 10 witnesses, and also led documentary evidence in support of its case. In the statement of the appellant - Wazir Khan recorded under Sec. 313 of the Cr.P.C., he stated that on the date of the incident, his wife was killed by the robbers. In his further statement, he also stated that while the robbers killed his wife, he too suffered injuries at the hands of the robbers.

(3.) The trial court upon appreciation of the oral as well as the documentary evidence came to conclusion that the prosecution had failed to prove its case beyond reasonable doubt and accordingly acquitted the appellant - Wazir Khan of all the charges.