HASEENA AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Nazrul Islam Jafri, for the appellants, in both the appeals and Sri I.P. Srivastava, A.G.A. 1st and Sri Om Prakash, A.G.A., for State of U.P.

(2.) Haseena, Wakeel and Abdulla have filed the aforementioned appeals, from the judgment of Additional Session's Judge, Court No. 6, Saharanpur dated 07.07.2014, passed in S.T. No. 469 of 2011, State of U.P. Vs. Haseena and others [arising out of Case Crime No. 71/301 of 2011, under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as the IPC ), P.S. Nakud, district Saharanpur, convicting them under Section 302 read with Section 34 I.P.C. and sentencing for imprisonment for life and fine of Rs. 10000/- each with default stipulation.

(3.) On the written complaint (Ex-Ka-1) of Iliyas (PW-1), FIR (Ex-Ka-2) of Case Crime No. 71/301 of 2011, under Section 302 IPC was registered on 01.06.2011 at 9:30 hours, at the police outpost Ambehta, P.S. Nukud, district Saharanpur, by Constable Clerk Mukesh Kumar (PW-3) against Haseena, Wakeel and Abdulla. It has been stated in the FIR that Nanu son of Majeed, resident of village Kheda Afgan, was murdered in last night of 01.06.2011, by his wife Haseena, his son Wakeel and Abdulla son of Abdulbari, paramour of Haseena, jointly by throttling. Shamshad son of Ibrahim and Khalil son of Harun, residents of the mohalla had heard one shriek at about 1.00 AM at the house of Nanu. Thereafter, they saw that Wakeel son of Nanu and Abdulla were coming out from the house of Nanu, while running in flustered position. At that time the witnesses made query from Haseena about the shriek. Then she, closing the doors, told that she did not know. In morning Shadab son of Nanu, who was sleeping in another room, finding his father as dead, started shouting in neighbourhood, then the correct facts regarding incident was disclosed. They went and saw that there were injury marks on the neck and wrist of Nanu. Nanu was murdered by his wife Haseena, son Wakeel and Abdulla, paramour of Haseena. After lodging FIR, legal action be taken.