JAN MOHD. Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgement and order dated 17.3.1983 passed by III Additional District & Sessions Judge, Bareilly in S.T. No. 79 of 1982 whereby the appellant was convicted under Section 302 I.P.C. and was sentenced to imprisonment for life. Heard learned counsel for the appellant, the learned A.G.A. on behalf of the State and carefully perused the records.

(2.) THE brief prosecution story as unfolded during trial is that the complainant Chhotey lodged a written report (Ext. Ka. 2) at Police Station Nawabganj, district Bareilly mentioning therein that his niece Smt. Fatima was married to Jan Mohammad (the appellant) about 1 years ago. After the marriage his niece often used to visit her parental home. About two months prior to the occurrence, the complainant had sent his niece to her matrimonial home and since then she was residing there leading a normal married life with her husband. There were no differences between them. On 15.10.1981 Jan Mohammad committed marpeet with his niece for some reason and on the same issue on 16.10.1081, he again assaulted her, severely causing her death. Sher Mohammad, a neighbour of Jan Mohammad, informed him about the death of Fatima. After receiving the information the complainant rushed to the matrimonial home of Fatima and saw the marks of beating on her dead body.

(3.) THE appellant faced trial. The prosecution in order to prove its case produced 7 witnesses in all out of which 3 witnesses are of fact and rest are formal. The details are as follows :