MOHAMMAD IRFAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Farooq Ayoob, learned counsel for the appellant and Ms. Ruhi Siddiqui, learned AGA for the State.

(2.) This appeal is directed against the judgment and order dated 31.10.2011 passed by learned Additional Sessions Judge, Lucknow, in Session Trial No.788 of 2007, whereby the appellant has been convicted for the offence under Sections 302 of Indian Penal Code, 1860 (hereinafter referred to as "I.P.C.") and sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/-, in default of payment of fine to further undergo further imprisonment for one year for the offence under Section 302 of I.P.C., and to undergo rigorous imprisonment for 10 years and to pay fine of Rs.10,000/-, in default of payment of fine to further undergo imprisonment for one year for the offence under Section 307 of I.P.C.

(3.) The case of prosecution is that on 25.05.2007, Mohd. Nafees S/o Sri Mohd. Ayub lodged a complaint that his elder sister, Smt. Noorjahan, wife of Sri Irfan came back to her parental house three days before as she was beaten by her husband and she became annoyed; on 24.05.2007, his brother-in-law (bahnoi) came to his house in the evening and wanted to take back Noorjahan but she refused to go with him, his brother-in-law went back; again at about 10:00 PM Mohd. Irfan came back and at that time his mother, Smt. Mohseena and his sister, Noorjahan along with her children were sleeping on the roof and complainant along with his father and another family members were on the ground floor, his brother-in-law went to the roof and started beating to Noorjahan, his mother tried to save Noorjahan then his brother-in-law threw down his mother from the roof; his brother-in-law again started beating to Noorjahan and her child, when the noise was raised, Irfan jumped from the roof and went away, the neighbourers tried to apprehend him but due to darkness he ran away. Complainant went to the roof and saw that there were injuries on forehead and head of his sister and she had already died, he saw that Kumari Julee, daughter of his sister and his mother had also received injuries. On the basis of said complaint, Case Crime No.246 of 2007, under Sections 302/307 of I.P.C. was registered at Police Station- Madiyaon, District- Lucknow. During investigation, statements of witnesses under Section 161 of Cr.P.C. were recorded, postmortem of the body of the deceased, Noorjahan was got conducted. On completion of investigation, chargesheet was filed.