STATE OF U P Vs. IQRAR KHAN

JUDGEMENT

(1.) THIS Government Appeal has been filed by the State of U.P. against the judgment and order dated 13.2.1980 in Sessions Trial No. 471 of 1979 State v. Ikrar Khan, by the learned Sessions Judge Shahjahanpur, whereby the accused Iqrar Khan has been acquitted both under Sections 302 and 315, I.P.C.

(2.) BEFORE going into the details of this case it will be necessary to point out that the occurrence took place on 13.6.1979 sometimes in the morning in Mohalla Maghaitola, Police Station Kotwali, District Shahjahanpur. On the same day at about 12.15 p.m.the first information report was lodged by Sadaqat Husain (P.W. 5), who is the brother of the deoeased Smt. Hajra Begum. It will also be necessary to point out that he is not an eye witness of the occurrence. The deceased is Smt. Hajra Begum, wife of the accused Iqrar Khan.

(3.) AT this stage it will be necessary to point out that although Sadaquat Husain had come to know about the occurrence from his mother Smt. Aliman, who was an eye-witness, in detail. In the above report there are certain glaring omissions. One of such omission is that there is no mention about the killing of Smt. Hajra Begum by strangulating her neck or by pressing her neck by any hard substance. This aspect of the matter shall be dealt with at the later part of our judgment. On the basis of the said report a case was registered against the accused and the case was investigated by S.I. Jai Vir Singh (P.W. 8). He recorded the statement of Sadaqat Husain, complainant, at the Thana itself and then reached the place of the occurrence and found the dead body of Smt. Hajra Begum lying on a cot. He also prepared the inquest report. Ext. Ka-5 and other connected papers of the dead body, sealed the dead body and sent the same for post mortem examination. He also found broken bangles lying under the cot. He collected it and sealed them in a packet and prepared the recovery memo (Ext. Ka-8). Thereafter, he inspected the site and prepared the site-Plan, Ext. Ka-9, and then recorded the statement of Smt. Aliman (P.W. 1) and Pirru Khan (P.W. 2). Accused Iqrar Khan was present near the cot of the dead body. The Investigating Officer Jai Vir Singh (P.W. 8) arrested him and recorded his statement also. On 16.6.1979 he recorded the statements of Bashir Husain and Tajammul Husain and, thereafter, submitted charge-sheet against the accused on 21.6.1979. This charge-sheet is Ext. Ka-10.