- (1.) CHALLENGE in this appeal is to the judgment and order dated 01.09.2009 passed by Additional Sessions Judge, Court No. 3, Bijnor in S.T. No. 502/2006, whereby the appellant has been convicted for the offence punishable under section 304 Part -II IPC and has been sentenced to undergo rigorous imprisonment for 10 years and fine of Rs. 5,000/ - with default stipulation.
(2.) SHORN of details the prosecution story is that Ward -boy of District Hospital, Bijnor submitted a memo in P.S. Kotwali Dehat, Bijnor informing that on 16.08.2005 at 1.00 A.M. two persons were admitted in the ward in critical condition and they have died in the hospital. One of them was an unknown lady aged about 38 years and the other was a child aged about two years. On 16.08.2005 a written report was submitted by Mukhtar Ahmad s/o Mohd. Shafi, wherein he stated that he had married his daughter Rubina Khatoon aged about 21 years with Ishrat s/o Abdul Gaffar. Ishrat was hyperactive for 15 days, as he was acting like an insane and about a week ago he came at his residence. He tried to persuade him, but he repeated the act of insanity and took Rubina with him. He has killed his wife and three years' old child born from his first wife by hitting them bricks in the night of 15/16.08.2005 at about 11 -12 o'clock and they have died in District Hospital, Bijnor. The inquest on the two bodies were performed by the police and thereafter they were sent for post mortem examination in sealed cover. Dr. V. K. Gupta conducted autopsy on the dead bodies of Sakir and Rubina Khatoon on 16.08.2005. Sakir, aged about 3 -years The doctor found that the deceased was average built with muscularity. Rigor -mortis started in lower limb and was present in upper limb. Clotted blood was found on full face. His mouth and eyes were closed. Following ante mortem injuries were found: 1. Lacerated wound 1 cm x 0.9 cm x bone deep on nasion. 2. Lacerated wound 1 cm x 0.9 cm x bone deep on left lateral side of forehead.
(3.) LACERATED wound 0.7 cm x 0.6 cm x bone deep on left side forehead. 1 cm lateral to injury no.1. Multiple lacerated wound on medial left side face in area of 3.6 cm x 6 cm (size 0.7 cm x 0.4 cm to 1.2 cm x 0.5 cm skin to muscular deep).;