MOHD IMRAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Santosh Kumar Tiwari, learned counsel for appellant and Sri N.K. Srivastava, learned A.G.A. for the State.

(2.) This appeal has arisen from the judgement and order dated 08.08.2013 passed by learned Additional Sessions Judge, Saharanpur in S.T. No. 507 of 2011, State of U.P. v. Imran (Crime No.28/11) under Section 302 I.P.C., Police Station Thakurdwara,, District Moradabad for life imprisonment and fine of Rs. 20,000, in default of payment of fine one year further R.I. We place reliance in the case decided by us titled Sharaft Vs. State of U.P. being Criminal Appeal No. 1237 of 2013 decided on 20.01.2021. The facts are practically identical with the facts due to quarrel the brother stifling his sister and she met with her death. Can judgement be based on personal thought of a Judge and can conviction be based on what is known as moral conviction. Despite the fact that all the witnesses have turned hostile. The brother of the deceased has been sentenced for 302 IPC giving it a picture of honour killing.

(3.) The factual scenario as it unfurls from the record and the F.I.R are that the accused caused death of the deceased on 09.02.2011 at 9.30 p.m. when Usman Ali (who is father of the accused and also of deceased) had lodged the F.I.R. conveying to the Police that her daughter Shahista Parween was done to death by her brother Imran by stifling her neck by knife in glave and sudden provocation.