VAKIL Vs. STATE OF U.P.

JUDGEMENT

(1.) Both these Appeals arise out of the judgment and order dated 16.5.1985 passed by the Sessions Judge, Muzaffar Nagar, in S.T. No. 402 of 1984, State v. Vakil, whereby the learned Sessions Judge, Muzaffar Nagar, has convicted the appellant and sentenced him for life imprisonment under section 302 I.P.C. and for three months imprisonment for his conviction under section 25 of the Arms Act. Hence both these appeals are being decided by a common order. We have heard Sri H.P. Singh, learned Counsel for the appellant and Km. Meena, learned AGA, appearing for the respondent State of U.P. and have carefully gone through the Lower Court's record. We have also perused the written submissions and various judicial pronouncements of Apex Court placed before us.

(2.) The brief facts giving rise to the present appeal are that the deceased Smt. Wahidan had performed marriage with the appellant Vakil after the death of her first husband. As her parents were residing with her, her second husband i.e. the present appellant used to object. Gradually, the relations between them got strained and Smt. Wahidan started to live separately. A day before the incident Smt. Wahidan had performed marriage with the younger brother of the appellant namely Nizam. The accused- appellant did not like this. On 24.7.1984 at about 4.30 P.M. he went to the house of Smt. Wahidan with a knife and attacked on her, causing thereby a number of grievous injuries on her body. Hearing her shrieks some villagers reached at the spot and captured the appellant read handed. Two of them took Smt. Wahidan to the Police Station Shamli by a bus and then by a rickshaw. At police station Shamli Waheedan lodged a First Information Report by orally informing the police about the incident. She was sent for medical examination immediately by the police and was examined thereby Dr. S.C. Gupta (PW2), who found the following injuries on her person at 6.00 P.M. on 24.7.1984:--

(3.) According to the doctor, her general condition was poor. Pulse rate was 100 per minute and blood pressure was 100/60. She was conscious.