ALI HASAN Vs. STATE

JUDGEMENT

(1.) Appellant All Hasan has been convicted and sentenced to Imprisonment for life u/S. 302, IPC per judgment and order dated 23-12-2000 passed by Ist Additional Sessions Judge, Haridwar.

(2.) Certain undisputed facts are that deceased Smt. Sheela was previously married to one Dharam Singh and two children were also born out of their wedlock. Marital relations between them got strained and deceased Smt. Sheela ceased to reside with her husband for the last about 2 years. Smt. Sheela developed illicit relations with appellant Ali Hasan although, she continued to reside with her mother and brother-informant Ram Chandra (P.W. 3) in the town of Jwalapur of district-Haridwar. Smt. Sheela was employed for household work in Vadhera Nursing Home in Jwalapur.

(3.) The prosecution case, as emerges out of the FIR and the evidence, is that appellant Ali Hasan wanted that Smt. Sheela should reside with him as his wife but she was not agreeing to this proposal. Appellant was displeased with her as she refused to reside with him and on many occasions gave her threat of dire consequences. On 19-7- 1997 at about 7:30 a.m. appellant made Smt. Sheela to stop near P.P. Motor works- shop while she was going to attend her duties at Vadhera Nursing-Home and took her towards a three-wheeler parked in the back of the works-shop and fired shot from his pistol by placing the weapon on her temple and fled-away from there. When Smt. Sheela was cornered by the appellant at the place of occurrence she has raised alarm and before she could be fired at her mother Smt. Sundari (P.W. 1) brothers Sher Singh (P.W. 2), informant Ram Chandra (P.W. 3) and others of the vicinity have reached there and witnessed the incident. Informant Ram Chandra thereafter, got prepared a written report, Ext. Ka-1, and lodged the same with the police P. S. Jwalapur on the same day at 9:15 a.m.