LAWS(ALL)-2011-9-164

MASTER SHOBHIT Vs. STATE OF U P

Decided On September 09, 2011
MASTER SHOBHIT Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Manju Sonkar, a widow mother, natural and legal guardian of detenue petitioner Master Shobhit, has proached this court for issuance of a writ of Habeas Corpus, ensuring production of detenue's corpus before this court by respondent no. 3 Baij Nath and then hand over his (detenu's) custody to her.

(2.) Manju Sonkar, the mother who has filed this Habeas Corpus Petition was married with Balbir Sonkar on 16.4.2000, according to Hindu customs and rites. From their wedlock, detenue petitioner Master Shobhit was born on 14.6.2004 and as on date, he is about 6 years of age. On the intervening night between 31.10.2007/1.11.2007 at 1.00 a.m. Balbir Sonkar was murdered and in that respect an FIR, annexure no.1, was lodged by his brother-in-law, Azam Sonkar, against two unknown murderers following early morning at 4.30 a.m. at P.S. Kalyanpur, district Kanpur Dehat, registered as crime no. 1102 of 2007, u/s 302 IPC. Investigating Officer commencing investigation and unearthing the perpetrator culprits concluded that it was petitioner mother Manju Sonkar who with the help of her paramour Noor Moahammad s/o Shah Mohammand had annihilated her husband deceased with saw as the crime weapon by chopping his neck off. Resolving commission of crime and surfacing guilty accused, that the I.O. charge sheeted both the murders, petitioner mother and her paramour, on 16.12.2007, vide annexure no.CA-1 to the counter affidavit. Accused were summoned by the committal court and finding their case prosecutable by Session's Court committed it for trial before Session's Court, where it was registered as S.T. No. 125 of 2008, State versus Noor Mohammad and another, which trial is now in the offing before Special Judge, E.C. Act., Kanpur Nagar.

(3.) In it's endeavour to establish accused guilt, uptill now, prosecution has examined two fact witnesses P.W.1 Harish Chandra and P.W.2 Baij Nath, who both besides deposing relationships and other facts, which are not relevant and germane to be mentioned for deciding this Habeas Corpus and hence are eschewed from being penned down, regarding actual incident, testified before Session's Court in the trial, that on the date and time of the incident when they woke up after hearing shrieks of the deceased, they had witnessed that petitioner mother Manju had pressed her deceased husband by his chest and her paramour Noor Mohammad was chopping his neck off with a saw and when PW1 and PW2 attempted to raise hue and cry they were threatened and silenced. Motive for the murder was deposed to be extra marital physical relationship between the two murderers.