LAWS(ALL)-2019-2-301

IRFAN Vs. STATE OF U.P.

Decided On February 20, 2019
IRFAN Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) P.W.-2 a neighbour of the victim submitted a written report (Ex. Ka-1) dated 29/4/93 that previous night at about 7.30 PM, accused-appellant strangulated his wife (victim) to death, cries for help were heard by neighbours and the body taken to the burial ground. On aforesaid information, an F.I.R. dated 29.4.93 (Ext Ka 2A) came to be registered at 11.20 AM under section 302 IPC against the accused-appellant. During investigation names of 3 other accused i.e., Ashfaq, Amir and Sitara Begum also surfaced in the commission of crime.

(2.) The trial court held that all the links in the chain of circumstances are complete against the appellant in the commission of crime, convicted the accused/appellant but acquitted the other 3 accused. No appeal/revision against acquittal was brought to our notice.

(3.) Heard Shri Sheshadri Trivedi, the learned Amicus and Shri A.N. Mulla, the learned A.G.A.