STATE OF UTTARAKHAND Vs. MOHD. AIZAZ ALIAS HAFIZ

JUDGEMENT

(1.) The present Government Appeal is directed against the judgment dtd. 4/2/2014, passed by learned IInd Additional District and Sessions Judge, Roorkee, District Haridwar in Sessions Trial No.231 of 2011, 'State vs. Mohd. Aizaz alias Hafiz and Others", whereby, the learned Trial Court has acquitted the respondents - accused persons from the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (in short, 'IPC').

(2.) In brief, the prosecution's case is that the informant's daughter Shahista was married to Mehtab. When he went to her in-laws' house with his son on 9/4/2011 to invite her for his son's wedding, he did not meet her. He was told that she had gone to a relative's house. Later the villagers told him that his daughter had been burnt and her brother-in-law (Dever and Jeth) had taken her to the hospital. Yesterday he came to know that she is admitted in Pal Nursing Home, Roorkee. He also came to know that on 9/4/2011 at around 10:00 a.m., Aizaz, Jabir, Irshad and Gulafsa had poured kerosene oil on his daughter and burnt her. Shahista had also told him these things to him.

(3.) The investigation was handed over to the Sub-Inspector Pradeep Negi (PW10). He prepared the site plan (Ext. Ka.7). Shahista's fitness certificate was given by Dr. Rajendra Pal (PW7) after which Gopal Singh Chauhan, Naib Tehsildar (PW9) recorded her dying declaration (Ext.Ka.6) in the hospital on 21/4/2011.