MENDHI HASAN Vs. STATE OF U P

JUDGEMENT

(1.) Mendhi Hasan appellant was convicted under section 302 I.P.C. and sentenced to undergo Imprisonment for Life by III Additional Sessions Judge, Pilibhit by judgment and order dated 20.8-1986 in Sessions Trial No. 281 of 1985. State. v. Mendhi Hasan, under section 302 I.p.c.

(2.) The appellant preferred appeal against his aforesaid conviction and sentence in the HonTble High Court and Honble B.N. Misra, J. admitted his appeal and summoned the record for consideration of his prayer for bail. The appeal has been listed before me today for considering the prayer for bail of the appellant on receipt of record.

(3.) The case of the prosecution was that the deceased Smt. Nafisa was married to the appellant, Mendhi Hasan about two years before the occurrence. However, the relations of the deceased and the appellant were strained on account of unusual conduct of the appellant, who used to beat the deceased occasionally. It is alleged that on 23-6-1985 Smt. Nafisa was again beaten by the appellant. On receiving the information complainant Nanhey, the uncle of Smt. Nafisa along with Shrrafat and Ahmad went to the house of the appellant at about 4 in the evening and when they reached the house of the appellant they saw smoke coming out of the Kheprail of the Kothari of the appellant and they heard the deceased Smt. Nafisa crying Men Tumhari Bibi Hoon Mujhe Mat Jalao. On hearing the cries of Smt. Nafisa, the complainant and his companions entered into the house of the appellant where they found Smt. Nafisa lying on the ground in a burnt condition. The appellant on seeing the complainant and his companions made good his escape from the house by jumping over the southern wall of the house.