HAKIMUDDIN Vs. STATE OF U. P.

JUDGEMENT

(1.) This jail appeal arises out of judgment and order dtd. 26/2/2011, passed by Additional Sessions Judge/Special Judge, Chandauli, in Sessions Trial No.84 of 2007 (State Vs. Hakimuddin), arising out of Case Crime No.221 of 2006, Police Station Mughalsarai, District Chandauli, convicting and sentencing the appellant under Sec. 304 IPC with life imprisonment and fine of Rs.10,000.00 and in the event of default of payment of fine to undergo further additional rigorous imprisonment of two years.

(2.) Shorn of unnecessary details, the brief facts of the present case are that a written report of first informant Jamaluddin (father-in-law of the deceased) was scribed by Anil Kumar Srivastava, as per which the marriage of son of first informant Hakimuddin (accused appellant) was solemnized about 08 years back with Yasmeen Bano, daughter of Mustaq Ahmed (deceased). Out of said wedlock two children were born. Son of the informant however was not in fit mental state and his treatment was being arranged by the first informant and the in-laws of the accused appellant. In the night of 22/23/7/2006 at 3.30 am there was a fight between son of the first informant and his daughter-in-law and abuses were heard whereafter the first informant rushed to intervene. All of a sudden, the son of the first informant hit his wife and from the injury so caused she fell. The accused appellant left. First informant called the neighbours and was in the process of arranging medical treatment by when his daughter-in-law died. On the basis of such information given, a first information report was registered at 8.30 am at Police Station Mughalsarai, District Chandauli on 23/7/2006. The place of incident is stated to be the marital house of the deceased.

(3.) On the basis of aforesaid information the Investigating Officer alongwith police party came to the place of occurrence and a panchayatnama was prepared at 9.40 am. Kamlesh Kanaujia PW-3, Mustaq Ahmed PW-4, Mohd. Naseem, Buddhu and Mahmood Alam were appointed the inquest witnesses. They found the deceased to be average built lady of 28 years and in their opinion her death was homicidal on account of injury caused to her by the accused appellant in a heated state on her head and that postmortem of the dead body be got conducted. The Investigating Officer agreed with the conclusion of the inquest witnesses and accordingly the dead body was sealed and was sent for postmortem.