ASHIQ ALI Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal assails the correctness of the judgment and order dated 2.11.2017 passed by Sessions Judge, Barabanki in Sessions Trial No.181 of 2016, State versus Ashiq Ali, whereby the Sessions Judge has convicted the appellant-accused Ashiq Ali and sentenced him under Section 304 I.P.C. to undergo 10 years' rigorous imprisonment and also to pay a fine of Rs.5,000/-. If he fails to deposit the fine, he will undergo for 2 years' additional imprisonment.

(2.) Narrated concisely, prosecution case against the appellant is that the complainant Sakira Bano lodged a written report on 13th May, 2016 at 14.40 hours stating therein that her daughter Afsana Bano aged about 19 years had illicit relation with one Hasin son of Taj Mohammad on which count his son Ashiq Ali-appellant, aged about 28 years, was annoyed. On 13.5.2016 when the complainant along with her daughter was working in the fields, the accused-appellant came with spade (Phawada) and assaulted her daughter on head due to which she died. This incident took place at 11.30 a.m.

(3.) The FIR was registered against Ashiq Ali at 14.40 hours as Case Crime No.105 of 2016, under Section 304 IPC. The dead body of the deceased was sent for postmortem where she was examined by Dr. Sandeep Kumar, P.W.-7, Exbt. Ka-3 is postmortem report, in which antimortem injuries are as follow:-