AKHLAQ Vs. STATE OF U P

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 10.08.1981 passed by Sri Ghanshyam Das, the then 1st Additional Sessions Judge, Bulandshshr, in S.T. No. 143 of 1980, whereby he convicted the appellant Jamil under Section 302/34 and Section 376 I.P.C. and appellants Akhlaq and Imtiyaz under Section 302/34 I.P.C.. The sentences of rigorous imprisonment for life and that of seven years were awarded for the offences of murder and the rape respectively. There was a fourth accused Babu who was convicted and sentenced under Sections 302 and 376 IPC. He preferred Crl. Appeal No. 1784 of 1981 which abated under order dated 15.9.2004 because of his death.

(2.) The facts which are relevant for the decision of the appeal may be summarized as under: P.W. 1 Samay Singh, the complainant of the case, submitted a written report Ex. Ka 1 at P.S. Kotwali, District Bulandshahr on 31.07. 1979 at 6.10 p.m., stating therein that on the date of report he returned his house at 3 .30 p.m. after doing his duty. He asked from his younger daughter Km. Maya about his .elder daughter Smt. Asha so that she might assist him in cutting fodder. Km . Maya told him that Asha had gone for easing herself about one hour earlier. After a little time, the complainant's wife also reached the house and on being asked she also told that Asha had gone for easing herself much time earlier. She expressed surprise as to why Asha had not come back. This delay caused suspicion. Therefore, the complainant and his wife went towards the jungle to trace out Smt. Asha. At about 5.00 p.m. the complainant saw one of the Chappals of smt. Asha lying near the field of Kanchhi near maize crop. The complainant along with Amarnath and Daulat, who were also accompanying him, entered into the field of Kanchhi, where they found that Smt. Asha was lying dead. A "Dhoti" was found tightly tied around her neck and the plants around her were lying uprooted. Her another chappal was lying near her. Her clothes were stained with blood. Hasali of one tola gold and the gold ear-rings worn by her were found missing from her person.

(3.) This report Ex. Ka. 1 was scribed by Amar Nath S/o Pt. Faqir Chand, r/o village Tatarpur, District Bulandshahr. On submission of the report Ex., Ka. -1 at P.S. Kotwali, District Bulandshahr, a case under Section 302 and 394 IPC was registered.