NASIR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment, rendered on 25th June, 2010 by the learned Additional Sessions Judge, Sirmaur District at Nahan, H.P., in Sessions Trial No. 6 -N/7 of 2009, whereby the appellant has been convicted and sentenced to suffer rigorous imprisonment for life and to a pay fine of Rs. 20,000/ - and in default of payment of fine, to further undergo imprisonment for a period of one year for the commission of offence under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC').

(2.) THE brief facts of the case are that deceased Mehrooba, the elder daughter of complainant Farmula, aged 22 years was married to accused Nasir about four years prior to her death on the intervening night of 11/12/11/2008. After marriage for about a year, the marital relations between the accused and the deceased were cordial but later, parents of accused Nasir turned both of them out of the house. Complainant Farmula gave Rs. 30,000/ - to Nasir and her daughter Mehrooba for the construction of new house, which after construction was inhabited by both of them, where they lived for about six months. Thereafter, Nasir, under the influence of his parents, started giving beatings to his wife Mehrooba and because of beatings, few months earlier, Mehrooba had sustained injuries on her arm. Nasir used to threat that he would cut off legs and arms of Mehrooba and would go to serve the Jail. Nasir had relations with another girl because of which he used to give beating to Mehrooba and threatened to kill her. On 11.11.2008, in the evening accused Nasir had come to the house of his mother -in -law Farmula where his wife was present and there in presence of Farmula, he slapped Mehrooba and asked why she was sitting there. Farmula told Nasir that since his wife was pregnant he should not beat her. On 12.11.2008 at about 7.00 a.m, PW -11 Khushnsiba, sister of deceased Mehrooba, on hearing the cries of Salman, son of accused Nasir, went to the house of Nasir and found Mehrooba lying under the cot. PW -1 Farmula also went to the house of Nasir and found Mehrooba lying on the cot and her bangles were found broken. She tried to wake up Mehrooba, but of no use. Mehrooba's tongue was clinched between her teeth. On both sides of the neck and on left eye bluish bruises were present and Mehrooba, was found dead. PW -1 Farmula reported the matter to the police and police came to the spot where her statement under Section 154, Cr.P.C. containing the aforesaid facts was recorded, wherein she also stated to the police that accused Nasir often used to beat Mehrooba and threatened to kill her due to his quarrels, Nasir had throttled the neck of Mehrooba and thereby killed her. Sub Inspector Shayam Chand, Incharge, Police Post, Majra investigated the case, got spot of occurrence photographed, took into possession pieces of bangles and sent the body for post mortem examination. In investigation, it was found that accused Nasir often used to quarrel with his wife and whenever the matter was reported to the police, both husband and wife were made to understand and at the intervention of villagers their quarrels/disputes were patched up. Statements of the witnesses were recorded by the Investigating Officer.

(3.) THE accused was charged for his having committed an offence punishable under Sections 302 and 316 of the IPC by the learned trial Court to which he pleaded not guilty and claimed trial. In order to prove its case, the prosecution examined as many as sixteen witnesses. On closure of the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, was recorded in which he pleaded innocence and claimed false implication.