- (1.) UNDER challenge in the instant appeal is the judgment and order dated 28.07.2011 passed by Additional Sessions Judge, Court No.1, Barabanki in Sessions Trial No.13 of 2008, Police Station Masauli, District Barabanki, whereby the present appellant was convicted for the offence under Section 304 IPC and was sentenced to undergo rigorous imprisonment for a period of 10 years.
(2.) THIS appeal pertains to murder of Km. Noor Jahan Khan, who was working as Superintendent, Women Service Home, District Barabanki and was living in the said service home. On the information given by Smt. Nahid Bazi to the complainant Ishtiyaq Ahmad, an FIR was lodged by him on 16.01.2008 mentioning therein that Smt. Nahid Bazi had sent an information to the house of the complainant that the appellant daughter of Sri Ashfaq Ahmad, resident of Mohalla Katra Bansa, Police Station Masauli, District Barabanki, used to frequently visit the deceased and used to live in the room of the deceased during her visit. She had come yesterday at 5.00 PM and stayed in the room of the deceased Km. Noor Jahan Khan. In the intervening night of 15/16.01.2008, she caused the death of Km. Noor Jahan Khan and thereafter she has bolted the room from inside. On this information, the complainant went to the place of occurrence and found that the dead body was lying and other persons had assembled there and the appellant was also present there. On the basis of this information, a case was registered under Section 302 IPC. Inquest proceedings were conducted and the dead body was sent for post -mortem. The post -mortem of the deceased was conducted on 16.01.2008 at 3.30 PM and the following injuries were found on the person of the deceased: (i) Contusion 3 cm x 2 cm on left upper arm, outer part, 20 cm below shoulder joint. (ii) Contusion back of right elbow 5 cm x 2 cm. (iii) Contusion back of left elbow 4 cm x 2 cm. (iv) Contusion 5 cm x 3.5 cm right side of face including lower eyelid; right nostril. (v) Contusion 6 cm x 5 cm left side of face below lower eyelid. (vi) Contusion 5 cm x 3 cm lower lip and adjacent part of chin. (vii) Contusion over inner part of lower lip 2 cm x 1.5 cm corresponding to lower central lip end incisor. (viii) Contusion over dorsum of right hand 5 cm x 2 cm downward to wrist.
(3.) IN the opinion of the doctor, the duration of death was days old and the cause of death was Asphyxia as a result of anti -mortem smothering. The Investigating Officer inspected the place of occurrence and arrested the appellant from the room wherein she was bolted by the persons assembled there. After completing the investigation, charge sheet was filed under Section 304 IPC.;