HANEEF Vs. STATE

JUDGEMENT

(1.) 'Frailty thy name is woman', the famous quotation of Shakespeare was perhaps actually enacted in Mohalla Rajwara falling within the police-station Kashipur, district Nainital which enactment has become the subject matter of this criminal appeal.

(2.) Hanif appellant had married Phool Kunwar alias Rekha and had been living with her in Mohalla Rajwara. Rekha had two other sisters and it is the prosecution case that the appellant Hanif had been persuading his wife Phool Kunwar not to give access to outsiders and should remain confined and owe due allegiance to the marital life. A few months ago an outsider was seen coming out of the room of the wife which had enraged the appellant Hanif and he had thrashed Phool Kunwar with a Chauka about which an FIR was lodged by Phool Kunwar. Further case of the prosecution is that on the unfortunate day, i.e. 23.7.1979 around 5.30 p.m. yet another outsider was seen coming down from the stair-case leading to the room of Phool Kunwar, the wife of the appellant Hanif and having been enraged at this, the appellant Hanif caught hold of Phool Kunwar and struck her four knife blows which resulted in the death of Phool Kunwar, a little thereafter. This is exactly what the FIR said to have been lodged by Sarla on 23.7.1979 at 6.30 p.m. reads like. The charge was identical and the eye-witness account furnished by P.W.1, Sarla, P.W. 2, Geeta and P.W.3 Basant Lal is also similar.

(3.) To complete the chronology of the prosecution evidence it may be stated that P.W.4, Bijendra Singh Head Constable had prepared the Chik report. Affidavit of Bijendra Pal Singh Constable indicates that the dead-body was carried by him for post-mortem examination. P.W. 6 Shiv Singh Rana is the Investigating Officer of the case. P.W. 9 Mohar Singh constable has proved that deceased Rekha had dictated a report which was taken down as a non-cognizable offence between the period 22.4.1979 and 23.6.1979, its extract was marked as Ext. Ka-12.