MUSTQEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Appellants in these two appeals are the parents of deceased, who have been convicted for murdering their only daughter Rehana, under Sec. 302 read with Sec. 34 IPC vide judgment and order dtd. 12/8/2013, passed by the Additional District and Sessions Judge, Court No. 6, Moradabad, in Sessions Trial No. 439 of 2011 (State Vs. Mustqeem and Khursheeda) arising out of Case Crime No. 538 of 2010, Police Station Asmauli, District Moradabad and sentenced to imprisonment for life alongwith fine of Rs.15,000.00 each and to undergo three months' additional imprisonment on failure to deposit the fine.

(2.) Sharafat (PW-1) the Village Chowkidar of Village Mawai Thakuran informed the Station House Officer of Police Station Asmauli on 24/11/2010, by means of a written report (Exhibit Ka-1), that Rehana, aged about 15 years (hereinafter referred to as ''deceased'), daughter of Mustqeem son of Hameed Teli (hereinafter referred to as ''appellant No. 1') has died due to unknown reasons in the night of 23/24/11/2010 and her dead body is lying in her house. Aforementioned report further states that he (PW-1) heard in the village that deceased had gone to her relatives place in Village Shahpur Sirpuda from where she returned alongwith a resident of the village namely Bhoora (PW-5), son of Mewaram Prajapati (PW-2), and was at her home and that matter is suspicious. Accordingly, necessary action be taken. The written information was entered in GD of concerned police station and is recorded as GD entry No. 5 at 5.30 a.m. The scribe of the written report is Pooran Singh, the Village Pradhan (DW-2). On the basis of aforementioned information the inquest of the deceased was conducted.

(3.) Sub-Inspector Laxmi Shankar on receiving the aforesaid information reached the spot and found relatives of deceased alongwith other villagers to be present at the house of appellants. He thereafter proceeded to get the inquest (panchayatnama) of the deceased conducted. At the time of inquest certain injuries were found on the body of the deceased. However, no opinion could be given by panch witnesses regarding the nature of death i.e. whether the same is homicidal or suicidal. The concerned Sub-Inspector thereafter prepared the inquest report (Exhibit Ka-6) at 6.30 a.m. on 24/11/2010 at Village Mawai Thakuran itself. Having completed the aforesaid formality Sub-Inspector prepared the detailed report and dispatched the dead body for postmortem.