GH MUSTAFA Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal is by the husband of the deceased who has been convicted for committing her murder and sentenced to im ­prisonment for life and a fine of Rs.1000/ - un ­der section 302 RPC by the Additional sessions Judge, Kishtwar by his judgment dated: 30.07.1997.

(2.) THE prosecution story as unfolded in evidence is that the deceased Zainbi Begum was the legally wedded wife of the appellant. Dur ­ing the wedlock, she gave birth to three sons and a daughter. The appellant was married to the deceased about 20 years before the date of occurance. It so happened that on the night of 4th Feb. 1990, the appellant killed his wife and thereafter went to the house of PW Ghulam Hussain Numberdar of the village where his son Mohd. Akbar had gone to sleep for the night. He told his son that he should reach home be ­cause his daughter was having stomach ache. On reaching home, P W Mohd. Akbar found his mother bleeding from her head. On closer examination he found her dead, he immedi ­ately informed his uncle P W Bashir Ahmad and others who reached on spot. They also found weapon of offence an exe lying near the place of occurrrance. Accused, however, did not re ­turn home after informing his son and was found missing. Later he appeared before Sub -judge Judicial Magistrate, Kishtwar and stated before him that he has killed his wife, he was then handed over to the police by the Magistrate on the basis of admission made by him before him.

(3.) THE first information report of the oc ­currence was lodged by PW Mohd.Shafi on 05.02.1990 on the basis of which case under Section 302 RPC was registered against the ap ­pellant. He was finally sent up to stand his trial for alleged offence under Section 302 RPC and the learned trial court found him guilty under section 302 RPC and he was sentenced accord ­ingly.