ISRARUDDIN KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) The prosecution case lies in a narrow compass. Ms. Shagufta, sister of P.W.-1 / informant was married to the appellant - accused of the same village. On account of a marital discord, accused divorced his wife. But he took back his wife prior to 2 months of occurrence on the pretext that the divorce was under parental pressure, he had not desired the same. On the fateful morning, i.e., 22.3.2001 when P.W.-1 woke up on his terrace, he saw smoke billowing from the house of the accused around 7 AM wherein he also saw the accused on his terrace. P.W.-1 rushed to inform his parents, sister and one Niyamtulla (P.W.-3), went to the house of the accused to forcibly break open the door to find that the accused was setting the dead body of his wife on fire.

(2.) On above allegations, a written report (Ext. Ka-1) was scribed by Shashi Kumar Rai at the dictation of P.W.-1 which became the basis for registering an FIR (Ext. Ka13), as Case Crime No.163/2001 under Section 302 / 201 IPC against the appellant at 9.30 AM on 22.3.2001 at the P.S concerned at a distance of 9 kms.

(3.) The trial court charged the accused under Section 302 / 201 IPC which he denied and claimed false implication.