S. K. Mookerji, J. - (1.) THIS Government Appeal has been filed by the State of U.P. against the judgment and order dated 13.2.1980 in Sessions Trial No. 471 of 1979 State v. Ikrar Khan, by the learned Sessions Judge Shahjahanpur, whereby the accused Iqrar Khan has been acquitted both under Sections 302 and 315, I.P.C.
(2.) BEFORE going into the details of this case it will be necessary to point out that the occurrence took place on 13.6.1979 sometimes in the morning in Mohalla Maghaitola, Police Station Kotwali, District Shahjahanpur. On the same day at about 12.15 p.m.the first information report was lodged by Sadaqat Husain (P.W. 5), who is the brother of the deoeased Smt. Hajra Begum. It will also be necessary to point out that he is not an eye witness of the occurrence. The deceased is Smt. Hajra Begum, wife of the accused Iqrar Khan. The prosecution case, in nutshell!, is that the deceased, Smt. Hajra Begum was the wife of the accused Ikrar Khan and their marriage had taken place about 7 years back. However, the relations between the spouses were strained and the accused used to beat her and on many occasions turned her out from his house. It is also stated that the accused was not given any cycle and radio etc. by her parents. A day before the present occurrence the accused had beaten Smt. Hajra Begum and turned her out of his house at about noon. She went to the house of her mother Smt. Aliman (P.W. 1) and informed her about the misconduct of the accused. Smt. Aliman (P.W. 1) consoled her and stated that she would accompany her to her house in the evening and would also pacify the accused. Consequently, she took Smt. Hajra Begum to the house of the accused in the same evening and waited there for the accused. The accused arrived late in the night. Thereafter Smt. Aliman tried to pacify the accused and asked him not to beat Smt. Hajra Begum any more but the accused was infuriated and dealt her with slaps in her presence. It is stated that at that time Smt. Hajara Begum deceased was carrying pregnancy of 8 months. Smt. Aliman (P.W. 1), it is stated, remained there in the night. On the next morning before departing she again asked the accused not to beat the deceassed Smt. Hajra Begum any more. However, the accused again started beating Smt. Hajra Begum with slaps. It is stated that in the meantime witnesses Bashir Husain (P.W. 3), Tajammul Husain and Pirru Khan (P.W. 2) arrived there and tried to pacify the accused them to keep themselves aloof since it was his family affairs. It is stated by the prosecution that the accused gave a very heavy kick on the abdomen of Smt. Hajra Begum. She fell down on the ground on receiving the kicks and became unconscious. The prosecution further stated that Smt. Aliman (P.W. 1) asked the witnesses Bashir Husain (P.W. 3) and Tajammul Husain, who were residents of the Mohalla of Smt. Aliman (P.W1) to go and inform her son Sadaqat Husain about the occurrence. After that the accused picked up Smt. Hajra Begum from the floor where she had fallen down unconscious and laid her on a cot in the verandah and after that he pressed her throat with both of his hands thereby killing her on the spot. As a result of the strangulation of the deceased, Smt. Hajra Begum, the unborn child, which Smt. Hajra Begum was carrying, also died. Thus, the prosecution case is that the accused committed the murder of Smt. Hajra Begum in the morning of 13.6.1979, who died at about 10 a.m. The witnesses Bashir Husain and Tajammul Husain went to the field of Sadaqat Hussain in Mohalla Maghaitola and informed him about the incident. Sadaqat Hussain then came to the house of the accused and found his sister Smt. Hajra Begum lying dead on a cot in the verandah and his mother was weeping there. Then his mother Smt. Aliman narrated the entire occurrence before him. Thereafter. Sadaqat Husain (P.W. 5) got his report Ext. Ka-2, scribed by Saghir Ahmad, (not produced) and went to the police station where he lodged the said first information report at about 12.15 p.m. The report, in brief, lodged by Sadaqat Husain is that he was resident of Bangusht, police station Kotwali District Shahjahanpur and his sister Smt. Hajra Begum was married to accused Iqrar Khan son of Chhiddu Khan, resident of Mohalla Maghaitola, police station Kotwali, District Shahjahanpur about 7 years before. Since then the accused Iqrar Khan used to beat her off and on. Accused Iqrar Khan had also driven her out from his house. Sometimes back also she was driven out from the house. This first information report further narrates that on 12.6.1979 accused Iqrar Khan had again beaten his sister Smt. Hajra Begum who had, therefore, come to his house in Mohalla Bangasht. Next day his mother Smt. Aliman (P.W. 1) had taken his sister to the house of accused Iqrar Khan and told Iqrar Khan not to beat her. Iqrar Khan had beaten her pregnant sister before Smt. Aliman (P.W. 1) also. On 13.6.1979 also in the morning Iqrar Khan in the presence of Smt. Aliman (P.W. 1), had beaten Smt. Hajra Begum. On hearing the cries Tajammul Husain son of Akmal Husain, Bashir Husain and Pirru Khan witnesses arrived on the spot and asked the accused not be beat her but the accused Iqrar Khan in their presence kicked on the abdomen of Smt. Hajra Begum. Thereafter her condition deteriorated and at about 10 in the morning Smt. Hajra Begum expired in the presence of Smt. Aliman. Thereafter the witnesses Bashir Husain and Tajammul Husain had gone and informed Sadaqat Husain (P.W. 5) about the incident. Thereafter, Sadaquat Husain had gone to Maghaitola and found her sister lying dead. Thereafter Sadaqat Husain got a written report prepared, proceeded to police station and lodged the same for taking action against the accused Iqrar Khan, according to law.
(3.) AT this stage it will be necessary to point out that although Sadaquat Husain had come to know about the occurrence from his mother Smt. Aliman, who was an eye-witness, in detail. In the above report there are certain glaring omissions. One of such omission is that there is no mention about the killing of Smt. Hajra Begum by strangulating her neck or by pressing her neck by any hard substance. This aspect of the matter shall be dealt with at the later part of our judgment. On the basis of the said report a case was registered against the accused and the case was investigated by S.I. Jai Vir Singh (P.W. 8). He recorded the statement of Sadaqat Husain, complainant, at the Thana itself and then reached the place of the occurrence and found the dead body of Smt. Hajra Begum lying on a cot. He also prepared the inquest report. Ext. Ka-5 and other connected papers of the dead body, sealed the dead body and sent the same for post mortem examination. He also found broken bangles lying under the cot. He collected it and sealed them in a packet and prepared the recovery memo (Ext. Ka-8). Thereafter, he inspected the site and prepared the site-Plan, Ext. Ka-9, and then recorded the statement of Smt. Aliman (P.W. 1) and Pirru Khan (P.W. 2). Accused Iqrar Khan was present near the cot of the dead body. The Investigating Officer Jai Vir Singh (P.W. 8) arrested him and recorded his statement also. On 16.6.1979 he recorded the statements of Bashir Husain and Tajammul Husain and, thereafter, submitted charge-sheet against the accused on 21.6.1979. This charge-sheet is Ext. Ka-10. In this case the marriage is admitted by the accused but has denied rest of the allegations of the prosecution and pleaded not guilty. We are not extracting the entire statement made by the accused under Section 313, Cr. P.C. which is already on record.;