VIJAY LAKSHMI, J. - (1.) THIS criminal appeal is directed against the judgement and order dated 17.3.1983 passed by III Additional District & Sessions Judge, Bareilly in S.T. No. 79 of 1982 whereby the appellant was convicted under Section 302 I.P.C. and was sentenced to imprisonment for life. Heard learned counsel for the appellant, the learned A.G.A. on behalf of the State and carefully perused the records.
(2.) THE brief prosecution story as unfolded during trial is that the complainant Chhotey lodged a written report (Ext. Ka. 2) at Police Station Nawabganj, district Bareilly mentioning therein that his niece Smt. Fatima was married to Jan Mohammad (the appellant) about 1 years ago. After the marriage his niece often used to visit her parental home. About two months prior to the occurrence, the complainant had sent his niece to her matrimonial home and since then she was residing there leading a normal married life with her husband. There were no differences between them. On 15.10.1981 Jan Mohammad committed marpeet with his niece for some reason and on the same issue on 16.10.1081, he again assaulted her, severely causing her death. Sher Mohammad, a neighbour of Jan Mohammad, informed him about the death of Fatima. After receiving the information the complainant rushed to the matrimonial home of Fatima and saw the marks of beating on her dead body. On this complaint, initially a criminal case under Section 304 I.P.C. was registered. The investigation of the case was assigned to P.W. 4 - Niranjan Singh who conducted the inquest proceedings and sealed the body for post -mortem. Dr K.S. Tewari conducted the post -mortem and he found the cause of death of Fatima to be asphyxia due to strangulation. After this report, the case was converted into Section 302 I.P.C. Lateron P.W. 7, S.I. Vidyadhar Pandey took the charge of I.O. and he after completing the investigation submitted chargesheet against the present appellant under Section 302 I.P.C.
(3.) THE appellant faced trial. The prosecution in order to prove its case produced 7 witnesses in all out of which 3 witnesses are of fact and rest are formal. The details are as follows : P.W. 1 Manzoor Ahmad is a neighbour of the appellant Jan Mohammad who has claimed himself to be the eye witness of the occurrence in the light of the torch. P.W. 2 Zahoor Ahmad is also a neighbour of the appellant Jan Mohammad who has claimed himself to be the eye witness of the occurrence alongwith P.W. 1. P.W. 3 Chhotey is the uncle of deceased Fatima who has lodged the F.I.R. P.W. 4 Niranjan Singh is the investigating officer who has prepared the inquest memo. P.W. 5, K.S. Tiwari is the Senior Radiologist posted at District Hospital, Bareilly who has conducted the post -mortem on the dead body of the deceased Fatima. P.W. 6 Krishna Prasad is the constable who has escorted the dead body to the District Hospital, Bareilly for post -mortem. P.W. 7 Vidhyadhar Pandey is S.O., Police Station Nawabganj, Bareilly who has investigated the case and has submitted chargesheet. In order to prove its case the following documentary evidence were produced by the prosecution : - JUDGEMENT_123_TLALL0_2014.htm After conclusion of the prosecution witnesses, the statement of the appellant under Section 313 Cr.P.C. was recorded in which he denied all the charges and claimed his false implication in this case due to election rivalry. The appellant also raised the plea of alibi by stating that he was present at the home of Ahmad Nabi situated at Nawabganj on the fateful night. In defence the appellant has produced three witnesses who are Sher Mohammad - D.W. 1, Ahmad Nabi - D.W. 2 and Ali Bux - D.W. 3.;