Naheed Ara Moonis, J. - (1.) THE instant appeal has been filed by the Appellant challenging the judgment and order dated 22.7.2005 passed by the Addl. Sessions Judge (FTC Court No. 17) Bulandshahar in Sessions Trial No. 915 of 2003 under Section 302 IPC and the Sessions Trial No. 911 of 2003 under Section 25/4 Arms Act, Police Station Khurja Dehat District Bulandshahar whereby the Appellant Babloo was convicted & sentenced for life imprisonment with a fine of Rs. 5000/ -each and in default of payment he shall undergo one year rigorous imprisonment under Section 302 IPC . He was further directed to serve out sentence of one year rigorous imprisonment with a fine of Rs. 1000/ - in default of payment of fine, the Appellant shall undergo three months imprisonment under Section 25/4 Arms Act. Both the sentences awarded by the learned Addl. Sessions Judge were directed to run concurrently.
(2.) HEARD Dr. Abida Saeed Amicus Curiae appearing on behalf of the Appellants and the learned AGA for the State . The genesis of the prosecution case giving rise to the present appeal is that a first information report was lodged on 21.10.2003 at about 15.30 hrs by Sharfuddin against the accused Appellant Babloo alleging therein that the accused Appellant at 2.30 p.m. on the same day had cut the throat of his daughter Ruqsana while she was coming down from the roof of Nannoo after taking the clothes which were put on the said roof for drying. There was exchange of some heated words between Babloo & Jannat who is his niece and is wife of Bablu's elder brother Manish. Anterior to two /three days of the incident in which Ruqsana, the victim had also hurled some vituperative and filthy languages to Babloo on account of which Babloo was highly exasperated and was constantly threatening to the victim for wreaking vengeance. Taking advantage of her loneliness at the roof of Nannoo, the accused Appellant abruptly appeared and after dragging the victim cut her neck with knife. On the shriek and cry of the victim, Ramzano, Alla Mahar, Noor Mohammad etc. rushed and saw the accused fleeing away from the place of occurrence with a knife. The witnesses tried to nab the culprit, the culprit succeeded in fleeing away towards the field on the dint of his knife. The victim succumbed to injury on account of fatal injuries caused by knife.
(3.) THE first information report with respect to the said incident was registered as case Crime No. 149/03 under Section 302/506 IPC against the accused Appellant at Police Station Khurja Dehat District Bulandshahar. After registration of the said incident, the police swiftly came into action by starting investigation and reached on the spot. The police took corpse of the deceased in possession and after completing necessary formalities sent to mortuary for autopsy. The autopsy of the deceased was conducted on 22.10.2003 at 4.00 p.m which was marked as Ex. Ka.4. The doctor opined that the death of the victim had occurred due to shock and haemorrhage as a result of ante -mortem injuries stated as under: 1 W 13 cm x 6 cm x bone deep on front of neck. On exploration lyrnx cut muscles of the neck, cut great vessels of the neck cut both side.;