RAEES Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Ms. Zia Naz Zaidi, Advocate along with Mohammad Haddi Zaidi and Ms. Mubasshara Siddhiqui, learned counsels for the appellant and Sri Pawan Kumar Srivastava, learned A.G.A-Ist for the State and perused the trial court record.

(2.) The prosecution case, in brief, is that complainant, Mohd. Zabir, lodged an F.I.R at the police station that his niece, Noor Jahan, was married with accused, Raees, before 13 years of the incident and she has four children i.e., two sons and two daughters. On 30/8/2003, at about 05:00 a.m., he received information from village Dhakia Jat that Raees has murdered his niece, Noor Jahan and his three children. On this information, he along with his villagers and father of Noor Jahan reached the village Gajraula and enquired about the incident. The villagers told them that in the last night, accused, Raees along with his children was sleeping in the house as usual. On account of some talks, some altercation took place between husband and wife and accused, Raees, killed his wife, Noor Jahan and his three children i.e., Rukhsar, Mukeem and Savina, by stabbing knife. The only alive son of accused, Raees, is Azim aged about 5 years who told him that his father has killed his mother and three siblings. Their dead bodies are lying in the court yard of the house and accused, Raees, has fled away. This incident took place in the night of 29/30/8/2003 at about 1 o'clock. On this report, the case was registered against the accused.

(3.) The Investigating Officer conducted the investigation of the case and prepared site-plan and other papers relating to investigation. He recorded statements of witnesses under Sec. 161 Cr.P.C. He also prepared inquest reports of the dead bodies of deceased further. Dr. D.K. Shukla, conducted Post mortem examination on the dead bodies of deceased persons were also conducted. After completing the entire investigation, investigating officer submitted the charge sheet against the accused.