SHAJAD ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the applicant -Appellant and the learned Additional Government Advocate on this application for bail moved under Section 389 Code of Criminal Procedure along with the instant appeal.

(2.) GONE through judgment as well as record of lower court, postmortem report of the deceased, who happens to be the daughter of the Appellant, and statement of PW -1, who happens to be the wife of the Appellant.

(3.) IT is a case where the Appellant was charged for committing murder of his own daughter, namely, Rajia aged about seven years in the night between 5/6.5.2007 at about 11:15 p.m. with the aid of scissor; right from the beginning prosecution case is that wife of the applicant, namely, Smt. Muila alias Bhuila also received injuries and she was got hospitalized, but there is no evidence on record to see that Smt. Muila alias Bhila received injuries or at any point of time she was admitted in the hospital.