SHAUKAT SAIFI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Capital Appeal along with connected Criminal Reference under section 366 Cr. P. C. arises from the judgement of the Additional Sessions Judge (Ex Cadre), Rampur dated 1.6.2011 convicting and sentencing the appellant to death under section 302 I.P.C.

(2.) An F.I.R. was lodged by Mohd. Ismail alleging that the appellant Shaukat Saifi's daughter Naseem had left her house in Village Kirmacha without obtaining her father's permission to live in the house of Yasin, whom she wanted to marry. However, her father the appellant Shaukat Saifi persuaded her to return, but Naseem was adamant to marry Yasin. On the date of incident, i.e. 19.6.09 at about 7 a.m. Nanhe, Israr, Yasin and others had come to the house of Shaukat and tried to persuade him to allow Naseem to marry Yasin. Shaukat was not agreeable and on the refusal of Naseem to listen to his suggestions, he cut her neck and tore her stomach with a hasia at about 9 a.m. and had gone away from his house. Her dead body was lying in a room in the house. P.W. 4 Mohd. Ismail lodged this report at Police Station Milak, on the same day where a case was registered at 10.30 a.m. against the appellant.

(3.) Rahis Pal Singh, P.W.9, In-charge Inspector, Kotwali Milak commenced investigation of the case on the report. He reached the spot and got the inquest conducted by P.W. 7 S.I. Sushil Kumar and had the body sent for post mortem to the District Hospital, Rampur. He inspected the place of incident and prepared the site plan on the pointing out of the informant and collected the plain and blood stained earth from the spot. On the same night at about 9 p.m., the appellant was arrested from the jungle of village Kirmacha from a poplar grove opposite the house of Bhoop Ram Gutpa, P.W. 8. The appellant is said to have confessed to his guilt and got the blood stained clothes that he was wearing and hasia recovered from a bed in which they were concealed under a large pile of beddings and clothes. (vide recovery memo: Ext. Ka-13).