- (1.) This Criminal Appeal (Jail) under Section 374(2) Criminal Procedure Code, 1973 (in short 'Cr.P.C.') has been filed by Ibrahim @ Pappu - accused appellant against the judgment and order dated 06.10.2010, passed by learned Special Additional Sessions Judge, CBI (Ayodhya Prakaran), Lucknow in Sessions Trial No. 946 of 2008 - State Vs. Ibrahim @ Pappu, whereby the accused appellant has been convicted under Section 302 of Indian Penal Code, 1860 (in short 'I.P.C.') and has been sentenced for life imprisonment and fine of Rs.5000/-. In default of payment of fine he was also directed to serve one year additional rigorous imprisonment.
(2.) The prosecution case in brief is that: 2.1 A first information report - Exhibit 'ka-2' had been lodged by the complainant/PW-1, Mohd. Saleem S/o Mohd. Habib (hereinafter referred as 'first informant') on 05.03.2008 at about 9.45 A.M. at Police Station - Wazirganj, District - Lucknow, stating therein that marriage of his daughter Rizwana Bano was solemnized about 11 years ago with accused-appellant Ibrahim @ Pappu R/o Lal Bagh, Lucknow and out of the said wedlock four children were born. His son-in-law - Ibrahim was living with his family as tenant in the house of Mohd. Siddique, situated at Mohalla - Sohan Nagar, Rakabganj, Lucknow. For the past 5 to 6 months he was not doing any work and was beating and threatening to his daughter. In the morning of 05.03.2008, Ibrahim @ Pappu killed his daughter, attacking her by 'hammer'. After receiving above information from PW-5, Abdul Aziz, he reached at spot and saw that dead body of his daughter was lying on 'Takhat'. 2.2 Above first information report was registered as Case Crime No. 87 of 2008 under Section 302 I.P.C. at Police Station - Wazirganj, District - Lucknow, an entry for registration of the case was made in the General Diary, a copy whereof is Exhibit 'ka-3'. 2.3 Investigation of the case was taken over by PW-7, SHO Vinod Singh Sirohi, who reached on the spot, recorded statement of the first informant and prepared site plan - Exhibit 'ka-9'. On the instructions of PW-7, PW-6 Sub Inspector Raj Bahadur Dwivedi, had prepared inquest report - Exhibit 'ka-5' and papers related to dead body i.e. challan nash, photo nash and sample seal (Exhibits - 'ka-6', 'ka-7' and 'ka-8' respectively). On the instructions of PW-7, Sub Inspector Indrajeet Singh Chauhan had recovered blood stained two pillow covers, one piece of bed sheet, took sample of plain and blood stained soil and recovered the hammer (material Exhibits - 'ka-10', 'ka-11' and 'ka-12' respectively). 2.4 The Investigating Officer PW-7, had also recorded statement of other witnesses, arrested the accused and recorded his statement, sent the recovered articles for chemical examination, obtained report of chemical examination and after completion of investigation filed charge sheet (Exhibit - 'ka-15') against the accused-appellant. 2.5 Postmortem on the body of deceased was done on 05.03.2008 at about 4.30 P.M. Following injuries were found on the body of deceased : Ante Mortem Injuries 1. Lacerated wound 3cm X 2.5 cm, bone deep torn on right side of skull 7cm above right ear. 2. Lacerated wound 3cm X 3 cm, bone deep torn on right side of occipital region 6 cm back to right ear. Cause of death as opined by the Doctor was coma caused due to anti mortem injuries on head and death took place about half day before. 2.6 In due course of time case was committed to the Court of Sessions and was registered as Sessions Trial No. 946 of 2008. 2.7 On 20.09.2008, charge under Section 302 I.P.C. was framed against the accused appellant. Appellant has denied the above charge and claimed for trial. 2.8 To prove its case the prosecution has examined first informant Mohd. Saleem-PW-1, Anus (son of appellant)-PW-2, Constable Ramasrey-PW-3, Dr. A.K. Srivastava-PW-4, Abdul Aziz-PW-5, Sub Inspector Raj Bahadur Sirohi-PW-6, SHO Vinod Kumar Sirohi-PW-7 in oral evidence and written report-Exhibit-'ka-1', Chik FIR-Exhibit-'ka-2', copy of General Diary entry (for registration of case)-Exhibit-'ka-3', Postmortem Report-Exhibit-'ka-4', Inquest Report-Exhibit-'ka-5', Site Plan-Exhibit-'ka-9', recovery memos-Exhibits-'ka-10 to 12', arrest papers of accused-Exhibit-'ka-13', information of arrest-Exhibit-'ka-14 and charge sheet-Exhibit-'ka-15' documentary evidence alongwith above referred material exhibits. 2.9 The accused in his statement recorded under Section 313 Cr.P.C. has denied the prosecution case and evidence produced by it stating therein that he has been falsely implicated in the present case. The witnesses have given evidence against him due to enmity. At the time of incident he was not in his senses and was not aware that what he has done. He has further stated that he used to work as 'book binder". However, no evidence has been produced by the appellant in his defence. 2.10 After hearing learned counsel for the parties and perusal of evidence available on record the Trial Court has convicted and sentenced the appellant as referred above. 2.11 Hence this appeal has been filed by the appellant challenging the impugned judgment and order.
(3.) We have heard Sri Gaurav Kalia, learned Amicus Curiae for the appellant and learned A.G.A. for the State of U.P.;