MOHD SADIK ANSARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 20.5.1999, passed by Sri K. P. Singh then learned VIIIth Additional Sessions Judge, Pilibhit in Sessions Trial No. 422 of 1997, convicting the appellant under Section 302, I.P.C. and sentencing him to life imprisonment, and to a fine of Rs. 2,000.

(2.) THE facts relevant for disposal of this appeal are that on 16.6.97 at about 7.45 a.m. one Navi Ahmad lodged a F.I.R. at Police Station Gajraula, District Pilibhit in which it was stated that he had taken the farm of Sri Shailendra Singh, advocate at village Devipura on theka and he resided there alongwith his family. THEre was the farm of Dharmveer Bhasin towards east of this farm and on that farm Mohd. Sadik had started to reside as a chaukidar about ten days ago. On 16.6.97 at about 5 a.m., on hearing the cries of Mohd. Sadik, he and his wife Noor Bano reached that farm. THEre Mohd. Sadik told him that his children and mother were not traceable. THEn Navi Ahmad tried to search them and noticed that dead bodies of two children of Mohd. Sadik named Kasim and Pinki were lying in water which had collected in the pond of the tube-well and the dead body of his mother Niyazan was lying behind his house. THEn he went to the police station and lodged this report.

(3.) SMT. Noor Bano wife of Navi Ahmad P.W. 1 was examined as P.W. 2. She had accompanied Navi Ahmad when he had gone to the farm of Dharmveer on hearing cries of the accused Mohd. Sadik and she has corroborated the statement of Navi Ahmad. She has stated that the second wife of Mohd. Sadik tortured his children, and Niyazan used to tell her that Munni was pressurising Sadik to leave his children from the first wife, and Sadik also used to say that he would leave children and reside with Munni.