SABIR HUSAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Sole appellant Sabir Husain has challenged the judgment and order dated 25.01.1983 passed by the then Special Judge/Additional Sessions Judge, Bijnor in Sessions Trial No. 316 of 1982 (State Vs. Sabbir Husain) arising out of Crime No.141 of 1982 under Sec. 302 of Indian Penal Code (in short IPC), Police Station (P.S.) Seohara district Bijnor whereby the appellant was convicted and sentenced to undergo a life imprisonment.

(2.) The prosecution story in brief is that on 08.08.1982 complainant, Zakir Husain (P.W. 3) had gone to visit his in laws' home (Sasural) at Sahaspur and returned from there at about 8 p.m. Apparently his deceased wife Anisa and his brother appellant Sabir Husain had some sort of verbal altercation during the day in consequence of which appellant Sabir had assaulted deceased Anisa. This incident was reported to informant Zakir Husain (P.W. 3) by his wife (Anisa). Zakir scolded both his brother (accused Sabir) as well as his wife Anisa (deceased). It appears that some hot talks erupted and Zakir Husain (P.W. 3) slapped his wife (deceased Anisa).

(3.) This commotion made the neighbours arrive on the spot. Kalwa S/o of Saddik pacified informant Zakir Husain and took him to his residence. At 9 p.m informant Zakir Husain again came back to his home in the company of Bundu S/o Saddik (P.W. 2) and Abdul Wahid (P.W.1). Suddenly he heard the scream of his wife Anisa and saw that appellant Sabir Husain was rushing out of his residence. Appellant Sabir was recognised in the flash light held by Bundu (P.W. 2). However, appellant Sabir managed to escape. All of them entered the house and saw that his blood stained wife was lying on the cot. On being asked the source of this injury, deceased Anisa stated that she had been stabbed by appellant Sabir. Deceased Anisa immediately succumbed to her injuries. Her husband Zakir Husain got F.I.R. scribed by one Mohd. Yusuf son of Hazi Husain in Urdu which was later on lodged at Police Station Seohara at 21:45 P.M. i.e. within 45 minutes of incident. It is pertinent to point out that P.S. Seohara is only one furlong away from the place of incident. F.I.R. was recorded by P.W. 4 Om Prakash, Head Constable of P.S. Seohara. Entry was made in the Chik 109 in Crime no.141 of 1982 under Sec. 302 (Ex. Ka-6). This was also entered immediately into General Diary (G.D.) of P.S. Seohara (Ext. Ka-7). The investigation was entrusted to P.W. 6 Meer Singh. Report was lodged in his presence. He recorded the statements of constable clerk and scribe of FIR Moh. Yusuf thereafter rushed to the place of occurrence. A gas lantern was arranged and inquest proceedings were conducted. Inquest report (Ex. Ka-9) is available on record.