MOHAMMAD AKRAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal is instituted against the judgment and order dated 22.05.2012 rendered by learned Additional Sessions Judge, Nainital in Sessions Trial No.88 of 2006, whereby the appellant who was charged with and tried for the offence under Section 302 IPC, was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one year.

(2.) The case of the prosecution, in a nutshell, is that PW-1 Javed lodged a first information report stating therein that his mother went with appellant on 03.12.2004. His father died in the year 1994. His mother developed intimacy with the appellant. The appellant was married in the month of January, 2003. Thereafter, quarrel took place between the wife of appellant namely Khusnuma @ Gudia and his mother. On 03.12.2004, the appellant took away his mother on the pretext that he will get her treated at Aligarh. Appellant came back to Moradabad on 04.12.2004 but his mother did not come. He made enquiry from appellant. Appellant told that his mother is under treatment. However, on 09.12.2004, a photograph of his mother appeared in the daily Edition of Amar Ujala Newspaper. According to PW-1 Javed, appellant has killed his mother in the Hotel at Nainital.

(3.) A first information report was registered in the matter and post mortem of the dead body was conducted. The matter was investigated and Challan was put up before the Court after completing all the codal formalities.