Decided on September 26,2012

Latif Khan @ Lattan S/O Chotey Appellant
State of Uttaranchal (Now State of Uttarakhand) Respondents


- (1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 13.12.2000, passed by Additional Sessions Judge Haldwani, District Nainital, in Sessions Trial No. 206 of 1998, whereby said court has convicted the accused/appellant Latif Khan @ Lattan under section 201 of I.P.C., and sentenced him to rigorous imprisonment for a period of seven years and directed to pay fine of Rs. 2,000/- in default of payment of fine the convict (appellant) has been directed to undergo simple imprisonment for a period of six months by the trial court.
(2.) Heard learned Amicus Curiae for the appellant, and learned, Deputy Advocate General, for the State, and perused the lower court record.
(3.) Prosecution story, in brief, is that PW1 Abdul Hamid owned house in Azad Nagar line No. 18, Haldwani. He had given one room of said house on rent to accused/appellant Latif Khan @ Lattan of Bareilly. It is alleged that accused/appellant Latif Khan @ Lattan used to come and live in the room with his two wives. Also, at times a third person also used to stay in that room. On 29.06.1992, accused/appellant Latif Khan @ Lattan had gone out from the room alongwith his wives. After two days on 01.07.1992, though the room was locked, but a foul smell started coming from the room. On this PW1 Abdul Hamid alongwith the neighbours got open the room and saw that a unknown dead body was lying inside the room. A First Information Report (Ex-A1) was lodged by PW1 Abdul Hamid at the Police Station Haldwani, on the basis of which Crime No. 1220 of 1992, was registered in respect of offence punishable under section 302 of I.P.C. against the accused/appellant Latif Khan @ Lattan, and his two wives for commission of murder of a unknown person. Investigation appears to have been taken by Sub Inspector Gyan Singh, who went at the spot, took the dead body of unknown person in his possession, and got prepared inquest report (Ex-A2) on 01.07.1992, at about noon. The Investigating Officer further got prepared sketch of the dead body (Ex-A7), police form No. 13 (Ex-A8) and other necessary papers and got sent the dead body in sealed condition for post mortem examination. Dr. D.P.Joshi who conducted the post mortem examination on 01.07.1992, at about 4.45 p.m., recorded three ante mortem incised wounds in the body and opined in the autopsy report (ExA10) that the deceased had died due to shock and haemorrhage as a result of ante mortem injuries. After interrogating the witnesses, and inspecting the spot, the Investigating Officer submitted charge sheet (Ex A12) against accused/appellant Latif Khan @ Lattan, and his wife Sahana, for their trial in respect of offence punishable under section 302 of I.P.C. (Name of second wife Meena was shown as absconder).;

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