USMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Arvind Kumar Singh, learned Amicus Curiae for the appellant, Shri J.P. Tripathi, learned AGA for the State and perused the record.

(2.) This instant jail appeal has been filed against the judgment and order dtd. 30/11/2015 passed by District and Sessions Judge, Bijnor, in Sessions Trial No.221 of 2014 (State Vs. Usman), arising out of Case Crime No. 59 of 2014, under Ss. 302 IPC, Police Station Syohara, District Bijnor, whereby the appellant has been convicted for the offence under Sec. 302 IPC and awarded the sentence of life imprisonment alongwith a fine of Rs.20,000.00 with default stipulation.

(3.) Shorn of unnecessary details, the prosecution story, as mentioned in the FIR, is that Shahana, sister of the first informant Mohd. Hanif (P.W. 1) was married about 12 years back to the appellant Usman, resident of mohalla Aladinpur, Police Station Syohara. Usman used to suspect the character of his wife and very often used to hurl abuses and beat her in a drunken state. It is further stated that every effort was made to counsel him by his family members, but to no avail. Yesterday i.e. on 29/1/2014, at about 08.00 p.m. in the evening, Shahana had called him over phone and informed that her husband Usman is quarreling with her, beating her and threatening to kill her, he, however, pacified his sister and asked her not to quarrel and assured that he will reach by tomorrow to counsel Usman. It is further stated that on 30/1/2014, he along with his brother Mohd. Islam and Akbar Ali reached his sister's house in village Aladinpur and found her dead body lying on a cot having injuries on her neck and face. A rope was found lying near the cot. It is further stated that last night Shahana was done to death with the help of rope by strangulating her.