IRSHAD KHA Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises out of impugned judgement and order dated 11.03.2008 passed by Additional Sessions Judge/Special Judge, (DDA), Hamirpur in Sessions Trial No. 68 of 2004, convicting accused-appellant, Irshad Kha under Section 302 of IPC and sentencing him to undergo rigorous life imprisonment and a fine of Rs. 10,000/-, in default thereof, to undergo five years additional rigorous imprisonment.

(2.) As per prosecution case, accused-appellant, Irshad Kha used to suspect chastity of his wife Sabiya Bano and had a doubt that she was having illicit relation with his room-mate, namely, Julfikar. On 06.01.2004 at about 3:00 AM, appellant committed the murder of his wife Sabiya Bano, his minor daughter Mantasa, aged three years, and minor son Faizan @ Baboo, aged one year after throttling and smothering. After committing the incident, appellant himself had gone to police station at about 7:15 AM and lodged written report Ex.Ka-8. Based on this written report, FIR.Ex. Ka-3 was registered against the accused-appellant under Section 302 of IPC.

(3.) Inquest on the dead bodies of the deceased were conducted vide Ex.Ka-11, Ex.Ka-16 and Ex. Ka-21 respectively and the dead bodies were sent for postmortem which was conducted by PW-6 Dr. Akhilesh Kumar on 06.01.2004 vide Ex.Ka-5, Ex.Ka-6 and Ex.Ka-7.