JAMEELA BEGUM Vs. STATE OF U P

JUDGEMENT

(1.) These two appeals have been filed by accused Jameela Begum and Sayeed Khan against the judgment and order dated 5 11 1981 passed by Sri V.P. Kalra, the then Additional, Sessions Judge, Kanpur in S.T. No. 183 of 1979 whereby he convicted both the accused under Sections 302 and 201 both read with Sec. 34 of the Penal Code and sentenced them to undergo imprisonment for life and rigorous imprisonment for a period of three years respectively Both the sentences were directed to run concurrently.

(2.) Since both the appeals have arisen out of a common Judgment dated 5.11.81 and are connected, they were heard together and are being disposed of by a common judgment

(3.) Briefly stated, the facts of the case leading to the trial of the appellants are as under: Admittedly. Smt. Nargis @ Hasina was daughter of P.W. 1 Bashir Khan and she was married to accused Sayeed Khan in the year 1978 PW 3 Nek Shahi Khan was mediator and got the marriage of Hasina settled with Sayeed Khan. Accused Sayeed Khan and Hamid Khan @ Kallu are sons of Nawab Khan. Accused Jameela Begum is wife of Hamid Khan @ Kallu It is further admitted between the parties that marriage of the son of P.W. 3 Nek Shahi Khan was fixed in the month of May, 1979 and with a view to ensure participation of Smt. Hasina in the marriage, Bashir Khan went to the house of the accused for Bidai of his daughter about 3-4 days prior to the alleged incident of murder. But the accused did not send her.