LAWS(UTN)-2016-8-19

SAEEDA Vs. STATE OF UTTARAKHAND & ANOTHER

Decided On August 01, 2016
Saeeda Appellant
V/S
State of Uttarakhand and another Respondents

JUDGEMENT

(1.) Initially, present petition was filed as 'Misc. Single', but by the order of coordinate bench of this Court on 20.07.2016, it was converted into 'Criminal Writ Petition'.

(2.) By means of present criminal writ petition, the petitioner, who is the mother of deceased-Mukkarram, seeks following relief, among others

(3.) Since the son of the petitioner (i.e. Mukkarram) allegedly died in an accident, therefore, he was buried on 31.05.2016 in the graveyard. Later on, the petitioner (mother) and her husband (Iqbal) came to know that an extra-judicial confession was made by one-Javed before Sharafat, Aarif and Naushad that he (Javed) has committed murder of Mukkarram. Initially, there was an impression that it was an accident. It was alleged that while Javed was driving his motorcycle and Mukkarram was a pillion rider, a dog, all of sudden, appeared in front of their motorcycle, due to which the motorcycle skidded off and Mukkarram sustained injuries and ultimately died. Learned counsel for the petitioner vehemently argued that Javed did not sustain any injury in the said accident and no damage was caused to the motorcycle on which they were riding.