NASIR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal calls in question the defensibility of the judgment of conviction and the order of sentence dated 30.8.2011 passed by Addl. Sessions Judge, Court No. 6, Mathura in Sessions Trial No. 406 of 2009, State of U.P. vs. Nasir @ Fuddan & another arising out of Case Crime No. 455 of 2009, P.S. Kotwali, District- Mathura, whereby the appellant- Nasir @ Fuddan has been convicted under Section 302 IPC and awarded the sentence of life imprisonment while acquitting the other accused Munna Khan.

(2.) The prosecution case as set out in the written report Exbt.-Ka-1 of P.W.-1- Chhitaria, the first informant is that he had married his daughter with the appellant Fuddan @ Nasir, who used to take narcotic/psychotropic substance. It is further alleged that whatever her daughter used to earn by her hard labour, was snatched by him and spent in taking narcotic/psychotropic substance. On getting knowledge about the said fact on 24.2009, he sent his son Islam to persuade the appellant- Nasir @ Fuddan to give up his habit of taking narcotic/psychotropic substance. On 23.4.2009 at about 7:00 a.m, his son Islam telephonically informed him that last night, he along with his elder sister- Maya and brother in-law Nasir along with his wife were sleeping on the roof. At about 5:00 a.m. his brother in law to fulfil his urge for narcotic/psychotropic substance asked his sister to part some money. On refusal by her sister, in a fit of rage, Nasir took up a Aata-chakki stone lying nearby and assaulted his sister on her head. He along with his sister snatched the stone from him however in the said assault, his elder sister sustained injuries on her mouth and Jija Nasir sustained injury in his hand. However, Nasir somehow managed to make his escape good and her sister died instantaneously. Her dead body is lying on the roof. It is further alleged that prior to this incident, the applicant had also visited his daughter's place in order to persuade his son in law and his father, which resulted in a quarrel between husband and wife and in the said quarrel, accused Munna Khan had instigated his son to assault his daughter Guddan. On the basis of aforesaid written report (Exbt. Ka-1), an FIR was registered vide Case Crime No. 455 of 2009, under Sections 302/120B IPC at Police Station- Kotwali, District- Mathura on 23.4.2009 at 9:10 a.m., Chik FIR (Exbt. Ka-2) and the corresponding G.D. Entry vide Rapat No. 9 dated 23.4.2009 was prepared by the constable, a carbon copy whereof was brought on record as Exbt. Ka-4. The investigation of the case was entrusted to the Office Incharge, P.S. Kotwali, Mathura, who after registration of the first information report rushed to the place of occurrence and conducted the inquest proceeding on the person of the deceased and after preparing the necessary police papers i.e. the Photo-nash, Chitthi nash, Chitthi C.M.O, Chitthi R.I. and sample of seal for sealing the dead body sent the same for post-mortem. The I.O. also prepared the site-plan and had collected the blood stained earth, plain earth and blood stained stone of Aata-Chakki and prepared its recovery memo. He also examined the witnesses and recorded the statements under Section 161 Cr.P.C.

(3.) An autopsy was conducted on the person of the deceased on 24.2009 at 3:40 p.m. by Sri Ajay Agarwal of District Hospital, Mathura, who had noted the following injuries on the person of the deceased :-