STATE OF UTTARAKHAND Vs. WAJID

JUDGEMENT

(1.) This judgment will adjudicate the appeal as well as the reference, captioned above, since both relates to the same judgment and order dated 29/31.10.2013, rendered by First Additional Sessions Judge, Haridwar in Sessions Trial No. 129 of 2013, State v/s. Wajid. Appellant was put to trial for the offences of Sec. 452, 363, 366 -A, 302, 342, 376(a) and 376(2)(g) of the I.P.C., wherefore he has appropriately been sentenced including the capital one. The incident occurred within the territorial jurisdiction of Police Station Manglore, District Haridwar, and as a result thereof, an old lady named Ms. Momina, aged about 50 years, lost her life at the spot and in the same sequence, Ms. Rubina, a teen at the age of 13 -14 years, also passed away. This spine chilling incident allegedly occurred in the intervening night of 18/19th February, 2013 when Smt. Farmida, mother of victim Ms. Rubina, was sleeping along with her daughter and her own mother Smt. Momina. The report lodged under the thumb impression of Smt. Farmida divulges that the appellant with his 2 -3 unknown associates knocked the door of victim at about 1:30 -2 AM of the night. The head of family Irshad (husband of PW 1), who was a driver by calling, was out of station in discharge of his duties. So in that way, he was not present in the house where only aforenamed three ladies were sleeping. PW 1 Ms. Farmida mistook the noise of knocking as if her husband had returned. So, she opened the door innocuously. No sooner did the door was opened, accused persons thronged in the house pushing PW 1 aside. Hearing this commotion, Smt. Momina also woke up. Meanwhile, the appellant and his two associates forcibly drove Ms. Rubina with them and pushed her into the vehicle parked by them in front of the house. The hapless ladies Smt. Momina and Smt. Farmida endeavoured to get this offending vehicle stopped but all went in vain. Hearing the hue and cry, the neighbours and other villagers assembled at the spot but by that time, accused had fled away taking Ms. Rubina with them. It was revealed in the report that these two ladies strived to stop the vehicle and the accused persons, in their attempt to resist these two ladies, made their vehicle to run over Smt. Momina. With the result, she breathed her last at that very moment. After two hours, Ms. Rubina was left in the nearby vicinity, so she returned to her house in a very bad state. She embraced her mother and wept bitterly. She disclosed that accused Sajid and his associates took her in a room at an unknown place and at the strength of threat, she was administered some drinking substance. As per the FIR, she was ravished and thereafter, was subjected to rape at the hands of accused persons. After disclosing this all, the state of Km. Rubina became worsen and by that time, it had become dawn. So, she was shifted to the hospital where she was declared as brought dead. It was further disclosed by the complainant in the FIR that accused Wajid had an evil eye on her daughter. The dead body of Smt. Momina was also shifted to the government hospital and both the ladies were put under autopsy on 19.2.2013.

(2.) While doing post -mortem on 19.2.2013 at 2 PM on the dead body of Smt. Momina, the following ante -mortem injuries were noticed by the doctor: -

(3.) In the opinion of doctor, Smt. Momina lost her life on account of haemorrhage and shock due to ante -mortem injuries on the vital organs. Duration of injury was opined to be 12 -24 hours before conducting post -mortem, and this period matches with the date and time of occurrence. This autopsy report of is Ex.Ka -2.