KHALEEL Vs. STATE OF U P

JUDGEMENT

(1.) Instant appeal has arisen out of a judgment passed by learned Additional Sessions Judge, Court No.5, Barabanki, ST No.181 of 2015, Crime No.129 of 2015, under section - 394, 302, 411 IPC, Police station Kotwali Deva District Barabanki whereby accused appellant was convicted and sentenced under different sections as under :-

(2.) At the very outset, it is noteworthy that appeal was listed for hearing of bail application but by consent of learned counsel for appellant and learned A.G.A. Appeal is heard finally.

(3.) According to the prosecution version, a written report was given at police station Deva, District Barabanki by Saroj Kumar Yadav on 06.4.2015 stating that dead body of a woman namely Goongi is lying in semi-burnt condition behind Pratibha Inter College Bhayara Road near Eastern med. She belongs to family of Puttan nat. This information was recorded at the police station at GD No.22 at 10.30 dated 06.4.2015. Police conducted the inquest proceedings on 06.4.2015. One plastic bottle, handkerchief, one pair of ladies slipper, two quarters of countrymade liquor were recovered by the police near the dead body. Some utencils were also recovered by the police near the dead body. Postmortem of the dead body was conducted on 06.4.2015 on 04.10 PM. On 11.4.2015, an application was moved by one Puttan at police station Deva, District Barabanki stating that his sister Goongi, aged about 40 years was a beggar and was living in Irfan market. About two years back one Khaleel had committed rape with her. He was fined Rs.2200/- by the community. Khaleel was inimical to his sister and had committed her murder on 05.4.2015 by strangulating her neck. Thereafter, accused was arrested by the police. One bag of the deceased alongwith Rs.1800/- were recovered on the pointing out of the accused. He has also confessed the guilt before the police. After investigation chargesheet was submitted against the accused.