CHHIDDA Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 2,12.2003 passed by Addl. District & Sessions Judge, Moradabad in S.T. No. 93 of 2002 whereby the appellant is convicted under Section 302 I.P.C. and sentenced to death and further convicted under Section 307 I.P.C. and sentenced to 5 years R.I. and fine of Rs. 500/.

(2.) Brief facts of the case mentioned in the first information report lodged by Sookha son of Jahoor Hussain resident of village Paitiya Mafi, P.S. Pakwada, district Moradabad, are that his sister in law Smt. Nazima was subjected to regular assault by his brother Chhidda. On 21/22.4.2002 at 5.30 A.M. his brother came carrying a Gandasa and started assaulting Smt. Nazima. His nieces Asma and Mehsar Jahan tried to save their mother but he started assaulting Asma also with Gandasa. She had also received injuries. Smt. Nazima died on the spot due to Gandasa injuries. After committing the crime Chhidda ran away towards forest. The report was registered at P.S. Pakwada on 22.4.2002 at 6.30 A.M. After the registration of the case Devendra Pratap Singh, S.H.O., Pakwada started investigation of the case, He recorded the statement of Sookha and thereafter reached at the place of occurrence, He prepared the site plan which is Ext. Ka. 5. He also collected plain and blood stained earth from near the dead body of Nazma and from the place where the injured were lying and prepared its recovery memo which is Ext. Ka. 6. He also prepared the inquest memo which is Ex. 7 and sealed the dead body and handed over to the constables Lokesh Kumar and Bantoo Lal for post-mortem. Relevant papers for the post mortem were prepared. Photo lash, letter to C.M.O., letter to R.I., challan lash and sample seal are Exts. Ka. 8 to 12. On 23.4.2002 Chhidda was arrested. His statement was recorded and one Gandasa was recovered on his pointing out and its recovery memo was prepared which is Ext. Ka. 13. He prepared the site plan of the place of recovery of Gandasa which is Ext. Ka. 14. He recorded the statements of Chhotey son of Zahoor Hussain and Haji Kallu. On 26.4.2002 he recorded the statement of injured Asma. On the conclusion of the investigation, charge sheet against the appellant and Kaley alias Kala was submitted. After the submission of the chargesheet the case was committed to the court of Sessions and the Sessions Judge framed charges under Sections 302 and 307 I.P.C.

(3.) The prosecution in support of its case examined ten witnesses. P.W. 1. Asma, P.W. 2, Sookha, the informant of the case, P.W. 3, Chhotey, brother of the accused persons, P.W. 4, Haji Kallu, witness of fad. P.W. 5, Head Moharrir Rakesh Singh, who had prepared the chik F.I.R., P.W. 6, Dr. A.K. Gupta, Radiologist, P.W. 7, Devendra Pratap Singh, S.H.O., investigating officer of the case, P.W. 8, Middha, witness of the recovery of Gandasa. P.W. 9 Dr. R.P. Bhardwaj medically examined the injured Asma, P.W. 10 Dr. Rajeev Lochan Gupta, had conducted the post-mortem of the dead body of the deceased.