ZAKIR Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31.07.2004 passed by the Additional District and Sessions Judge, Fast Track Court No. 5, Hardoi in Sessions Trial No. 583 of 2003, whereby and whereunder, the appellant has been convicted under Section 302 of the I.P.C. and sentenced to undergo imprisonment for life and pay fine of Rs. 10,000/- with default clause to serve rigorous imprisonment of two years.

(2.) The case of prosecution in short as per the written report of PW-1 (village Chowkidar) is that on 18.06.2003 in the morning, he came to know from villagers that appellant Jakir @ Nanhku had committed murder of his wife, namely, Smt. Nanhu in the afternoon of 17.06.2003 by inflicting injury by Banka. It is further stated that on the aforesaid information, he went to the place of occurrence and saw the dead body of the deceased in the Varandah of the house. He further stated that at that time all the inmates of the house had fled away.

(3.) On the basis of aforesaid written report, an F.I.R. has been lodged and case Crime No. 318 of 2003; instituted under Section 302 of the I.P.C. against the appellant and police took-up investigation. During the investigation, the inquest of the dead body of the deceased prepared and thereafter, the dead body was sent alongwith police papers to the hospital for postmortem examination. It further appears that the doctor (PW-8) had conducted postmortem examination on the body of deceased and had opined that the deceased died due to Coma as a result of ante-mortem injury. It further appears that during the investigation on being pointed out by the appellant, police recovered Banka, which was used in commission of crime. It further appears that after completing the investigation, police submitted charge-sheet against the appellant under Section 302 of the I.P.C. The concerned Magistrate had committed the case to the court of Sessions as the offence under Section 302 of the I.P.C. is exclusively triable by the Court of session.