Iqbal Ahmed Ansari, J. - (1.)This in an appeal against the judgment and order, dated 13.11.2003, passed in Sessions Case No. 51(B)/2002, whereby the Appellant has been convicted under Sec. 302, Penal Code and sentenced to suffer imprisonment for life and pay a fine of Rs. 1,000.00 and, in default of payment of fine, suffer simple imprisonment for a period of two months.
(2.)The case of the prosecution, in brief, is described thus; On 3.6.2002, at about 6.30 p.m., when Mustt Ashiya Bibi, sister of the informant, Illias Ali, was proceeding, by their village road, towards the local market, she was stabbed to death by her husband accused Jubbar Ali. The occurrence was witnessed by PW-2 and PW-3 and though they attempted to apprehend the accused, the accused threatened them, whereupon the two witnesses went running to the house of the informant and reported to him and other persons, who were present at the house of the informant, about the occurrence. The informant and others then, came to the place of the occurrence and found the dead body of Ashiya Bibi lying at the place of occurrence. Md. Illias Seikh, brother of the deceased, on the very day of the occurrence, lodged information with the police mentioning the name of the accused as Ashiya Bibi's assailant. A case was accordingly registered against the accused, police visited the place of occurrence, where the dead body was found lying, inquest was held over the dead body and, on completion of investigation, a charge sheet was Laid against the accused under Sec. 302 IPC.
(3.)During trial, on a charge being framed against the accused-Appellant under Sec. 302, IPC, the accused pleaded not guilty thereto.