NABI AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) The above noted appellants who have been convicted and sentenced to imprisonment for life under Section 302 read with Section 34 I.P.C. to undergo R.I. for 7 years under Section 201/34 I.P.C. and to undergo R.I. for 10 years under Section 394 I.P.C. by the judgment dated. 22-3-1980 passed by the then III Addi. Sessions Judge. Fatehpur in Sessions Trial No. 227 of 1979 have preferred this appeal before this court.

(2.) The case relates to the murder of Smt. Basdeia wife of Ram Asrey. P.W.1. A written report was lodged by Ram Asrey at the police station on 17-10-1997 at 12.20 p.m. to the effect that his wife Basdeia was not traceable since the preceding evening and despite a vigorous search having been made during night her whereabouts could not be known and that she was having some ornaments on her body. On this report case was registered and police came into action. The investigating Officer Shri Shiv Kumar Singh (P.W. 7) caught hold of Smt Salatunnisa (P.W. 4) the wife of appellant Nabi Ahmad and he got the lock of one of the rooms of her house opened by the keys provided by her. On entering that room it was noticed that some portion of the floor of the room was blood stained and some pieces of broken bangles were also lying there. The investigating Officer took into his custody blood stained and plain earth and so also the pieces of the angles through recovery memo. Ext. Ka 1 and Ext. Ka 8. It is further alleged that at the instance of Smt. Salatunnisa the investigating Officer got the dead body of the deceased searched in the pond situated in front of her house whereupon pieces of her dead body kept in two earthen pots were recovered Memo Ext. Ka 3 was prepared in respect thereof. It was also disclosed by Smt. Salatunnisa to the investigating Officer that in the intervening night of 16/17 October, 1977 the present appellants had committed the murder of the deceased in the room of her house and after committing the murder the dead body was cut into pieces and put in two earthen pots. They also wrapped her head with her Dhoti and threw the pots in the aforesaid pond.

(3.) Dr. M.M.S. A. Khan conducted the post mortem examination and found the following ante-mortem injuries: