HANEEF Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This criminal appeal challenges the judgment and order dated 24.3.2006 passed by Additional District and Sessions Judge, Court no. 8, Moradabad, in Session Trial No. 1319 of 2000, State Vs. Haneef and another. By the impugned judgment and order, the appellants have been convicted under section 302/34, 201 IPC and sentenced to undergo imprisonment for life with fine of Rs. 5000/- under section 302/34 IPC, seven years' R.I. under section 201 IPC and to undergo further three months' imprisonment in case of default in payment of the fine.

(3.) The facts as culled out from record are that on 13.8.2000 a written report was submitted by Mahboob Hussain son of Haji Inayat Hussain, resident of village and police station Pakwara,district Moradabad against appellant - Haneef son of Abdul Wajid and his second wife Smt. Shahana, alleging that sister of the complainant Smt. Rehana Perveen, was married with appellant Haneef on 12.6.1987. Her husband was having illicit relations with Shahana, whom he wanted to keep in his house but Rehana Perveen was not agreeable to it, therefore, Haneef without the consent of Rehana Perveen - his first wife, married Shahana and started living with her in his house. This caused heart burn resulting in deteriorating relationship between Haneef and Rehana Perveen who used to quarrel almost every day on this issue of second marriage. The complainant came to be informed about quarrels between them through their children. Their relationship so much deteriorated that Haneef wanted to do away with Rehana Perveen. On 12.8.2000 at about 11 A.M. Haneef alongwith his second wife Smt. Shahana murdered his first wife Rehana Perveen and hurriedly buried her body in the graveyard without any information to her parents. However on receipt of information about the incident, the complainant alongwith his family went to his sister's house in village Tevar Khas, Police Station Bilari, Moradabad which was found locked. The villagers told them that his sister has been killed and her husband has buried her in the graveyard in order to remove any evidence of murder. It was also averred in the written report that his sister was healthy, aged about 28 years and was not suffering from any disease.