MUMTAZ Vs. STATE OF U P

JUDGEMENT

(1.) Accused-Appellant stood for trial in Sessions Trial No. 54 of 2010 (State v. Mumtaz, Case Crime No. 24 of 2010), under Sections 302, 376 and 201 IPC, Police Station Mugalsarain, District Chandauli, pending in the Court of Additional District and Sessions Judge, FTC, Court No.1, Chandauli and came to be convicted by said Court, vide judgment and order dated 31.08.2016, sentencing him under Section 302 IPC to undergo imprisonment for life and fine of Rs. 5,000/-, Section 201 IPC to undergo five years' imprisonment and fine of Rs. 1000/-. Sentence under Sections 302 and 201 shall run concurrently. In default of payment of fine, he shall further undergo three months additional imprisonment, Trial Court has acquitted accused-appellant under Section 376 IPC. Appellant sought interference of this Court by filing this Jail Appeal from Jail through Jail Superintendent concerned.

(2.) Prosecution story, in brief, as borne out from First Information Report (hereinafter referred to as 'FIR') and factual matrix of the case is that PW-1, Alimuddin, submitted a written report, Ex. Ka-1, in the Police Mugalsarain, District Chandauli, stating that his daughter (victim name withheld by us), used to go to read Arbi language and learn Power-loom work in the house of Mumtaz, who is neighbour of victim. On the fateful day i.e. 19.01.2010, at about 3:00 pm, victim had gone to house of accused-appellant to read Arabi language and to learn Power-loom work, as usual. When she did not return back from the house of accused-appellant, PW-1 went to house of accused-appellant to search his daughter. He found that house of accused-appellant was locked. Then he made a drastic search of his daughter in the village but found no where. In the next morning, he again went to the house of accused-appellant and saw that dead body of his daughter was lying on the earth in the north street adjacent to the door and window of Mumtaj's house. Dead body bore sign of injuries around the face and her both hands were tied with her Scarf in front. He suspected that his daughter has been murdered after committing rape by accused-appellant. He informed the Policed Station concerned and submitted an application requesting to register an FIR against accused-appellant.

(3.) On the basis of written report Ex.Ka-1, chick FIR, Ex.Ka-17 was registered by PW-8, Kanhaiya Lal Pathak, as Case Crime No. 24 of 2010 under Sections 376, 302 and 201 IPC against accused-appellant. Entry of case was made by him in General Diary. Copy whereof is Ex. Ka-18.