LAWS(MPH)-2013-2-199

MOHAMMAD HUSSAIN ANSARI Vs. STATE OF M.P.

Decided On February 14, 2013
Mohammad Hussain Ansari Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Appellant Mohammad Hussain Ansari preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 16.5.2001 passed by Additional Sessions Judge, Rewa in Sessions Trial No.147/2000, whereby he has been convicted and sentenced as under:- <FRM>JUDGEMENT_1271_TLMPH0_2013_1.html</FRM>

(2.) Brief facts of the case are that Rehana Bano (since deceased) was the wife of accused Mohammad Hussain Ansari. On the basis of telephonic information, PW.8 Mustaque Ahmad, brother of deceased, went to the house of the accused and found her sister Rehana Bano to be dead. He gave information of the incident to Police Station Tyonthar (Ex.P/15). On the basis of the marg intimation, it was found that in the night of 28.5.2000, accused had committed murder of his wife Rehana Bano by overlaying pillow on her mouth. As a result of the incident, gold nose-pin (PHULIA) had come out from her nose. The accused had buried the pillow and gold nose-pin (PHULIA) in his house but the same were recovered later on. It was alleged that the accused had illicit relationship with Asmat Anjum, who was sister-in-law of his younger brother and on being objected to such illicit relationship by the deceased, the accused had committed her murder. On the basis of these facts, the accused was charged under Section 302 of IPC for committing murder of his wife and was also charged under Section 201 of IPC for causing disappearance of evidence used in commission of the offence i.e. pillow and gold nose-pin (PHULIA). On the basis of the information given by PW.8 Mustaque Ahmad at Police Station Tyonthar (Ex.P/15), the police party reached the spot and investigation commenced. Spot map was prepared (Ex.P/7). Panchnama of the dead body was prepared (Ex.P/9). The dead body of Rehana Bano was sent for postmortem. Statements of witnesses were recorded. On the basis of the statement on memorandum (Ex.P/2), pillow and gold nose-pin (PHULIA) used in commission of the offence were recovered vide seizure memo Ex.P/3 at the instance of accused and he was arrested.

(3.) After investigation, charge sheet was filed under Sections 302 and 201 of IPC against the appellant before the Court of Judicial Magistrate First Class, Rewa, who committed the case to the Court of Sessions and ultimately it was transferred to the learned Additional Sessions Judge, Rewa. On being charged with the offence under Sections 302 and 201 of IPC, the appellant/accused pleaded not guilty, complete innocence and claimed to be tried with the prayer that he had been falsely implicated in the case. On examination under Section 313 of Cr.P.C, he stated that when the incident occurred, he was not at his home. He was sewing clothes in his shop.