UMAR TAUHID Vs. STATE OF U P

JUDGEMENT

(1.) By way of instant jail appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 22.01.2013 passed by the Special Judge (SC/ST Act)/Additional Sessions Judge, Ghaziabad, in Session Trial No.1039 of 2010 State of U.P. Vs. Umar Tauhid, arising out of Case Crime No.342 of 2010, under Section 302 IPC, Police Station- Loni, District- Ghaziabad, whereby the appellant has been sentenced to life imprisonment coupled with fine Rs.10,000/-, in default of payment of fine, additional two years imprisonment.

(2.) Heard Sri Dharmendra Dhar Dubey, learned amicus curiae for the appellant, Sri R.K. Singh assisted by Km. Meena, learned AGA for the State and perused the record of this appeal.

(3.) The facts relevant as discernible from record appear to be that the first informant Farhad, wife of the deceased Samar Tauhid resident of Sudhir Enclave, near Government School, Rampark, Police Station Loni, District Ghaziabad, lodged the written report - Ext. Ka-1 - at the aforesaid police station on 20.02.2010 at 4:50 p.m. against the accused-appellant with the allegations that she was inside her home along with her husband around 4:00 p.m. on 20.02.2010 when her brother-in-law (Dever) Umar Tauhid son of Mohd. Farookh Azam came to her home and with intention to kill assaulted her husband with knife by repeated blows due to which her husband died on the spot.