AKHLAQUE AHMAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) APPELLANT Akhlaque Ahmad stand con­victed and sentenced to undergo im­prisonment for life under Section 302 I.PC., per judgment dated 14-11-1991, passed by the then Sessions Judge, Dehradun in Sessions trial No. 8 of 1990 for having committed the murder of his wife Smt. Zubaida in between the night of 27/28 July, 1989 in his quar­ter No. D-181, Bairaj Colony, Rishikesh.

(2.) THE prosecution case briefly stated is that the appellant, employed as chaukidar in Irrigation Department, was residing in the above mentioned quarter with his wife and children. In the morning of 28-07-1989 Chandra Pal, a mate in the Irrigation Department gave information to Girish Kumar Sharma (P.W.I) Junior Engineer Incharge of the department, that Smt. Zubaida wife of Akhlaque Ahmad had been found murdered in her quarter. Smt. Zubaida was found lying dead in a pool of blood on a cot with injury on the left side of the neck. Girish Kumar Sharma prepared written report, Ext.Ka.1 and delivered it at the police station, on the basis of which check F.I.R Ext.Ka.17 was prepared. None was nominated as the assailant or cul­prit in the F.I.R. The investigation was taken up by S.I. Hazarii Prasad (PW.7), who left for the scene of the incident and held inquest on the dead body of Smt. Zubaida. He attached blood­ soaked clothes and bed spreads vide memo, Ext.Ka.3 and also attached blood-stained and plain earth from the floor of the room. He then packed and sealed the dead body and sent it for post mortem with inquest report, Ext.Ka.2 and other related documents. He also prepared site-plan, Ext. Ka. 15, of the place of the incident.

(3.) INCISED wound 2cm x 1cm on the right side of neck, 4cm below the right ear, extended up to back side of the neck. The carotid (internal and external) vessels of the right side were cut and trachea was cut at the level of lower thyroid right side.' The death of the deceased oc­curred due to shock and haemorrhage as a result of the ante-mortem injury. 4. On 10-8-1989 the investigation of the case was entrusted to Inspector J.P Sharma (PW8) and on that day he is alleged to have requisitioned sealed. bundle of the blood-stained clothes and after opening the bundle re-examined the blood-stained clothes in the pres­ence of the appellant, who failed to give any satisfactory. explanation about the blood-stains on his shirt and Paijama which were attached on 28-7­1989 by the first Investigating Officer and were packed and sealed with other blood soaked clothes and items.