ANWAR Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal has been preferred by the accused/appellant Anwar against the Judgment and order dated 17.04.2004 passed by learned Additional Sessions Judge, Roorkee, District Haridwar in Sessions Trial No. 114 of 2004, State Vs Anwar thereby convicting the appellant under Section 302 of I.P.C. and sentencing him for life imprisonment.

(2.) Brief facts of the case are that Smt. Rashida lodged a complaint on 04.10.2001 at 07:30 a.m. alleging therein that at about 02:00 a.m., when she was sleeping on the roof of the house her husband Anwar came to her and told her that he had killed his son Dilshad. On this, she came down the stairs and saw that his son was lying on the cot. She got scribed the report by Nasir Ahmad and submitted the same at police station. On the basis of the written report a case was registered at police station Manglore as Crime No. 288 of 2001 under Section 302 of I.P.C. The police inspected the spot and prepared the site plan (Ext. Ka. 4). The dead body of the deceased was taken into custody and sent for autopsy. The police prepared the Fard recovery of Spade (Fawra) (Ext. Ka. 3) and also taken the blood-stained soil (Ext. Ka. 2) into possession. Sri Ajay Chauhan, investigated the matter and after completing the investigation, submitted the chargesheet against the accused/appellant before the court concerned.

(3.) After submission of chargesheet, the Judicial Magistrate, Roorkee committed the case to the court of Sessions for trial and the trial court framed the charge under Section 302 of I.P.C. against the accused/appellant. The appellant/accused denied the charges levelled against him and claimed for trial.