PRITINKER DIWAKER,J. - (1.) This appeal arises out of impugned judgement and order dated 29.03.2008 passed by Additional Sessions Judge/Special Judge, Essential Commodities Act, Fatehpur in Sessions Trial No. 498 of 2000, convicting the accused-appellant under Section 302 of I.P.C. and sentencing him to undergo imprisonment for life and a fine of Rs.
(2.) ,000/-, in case of default thereof, two months simple imprisonment. 2. In the present case, name of deceased is Mobina, wife of accused appellant Mahmood. Their marriage was solemnized about 12 years prior to the date of incident i.e. 04.04.2000 and she died homicidal death on 04.04.2000 in the evening at about 6:00 pm. On 04.04.2000, some unknown person had sent information to PW-1 Dost Mohammad, father of the deceased about the death of the deceased. On the next day i.e. 05.04.2000, PW-1 Dost Mohammad along with some other persons came to the house of accused and found the dead body of deceased. On the basis of his written report Ex. Ka.1, F.I.R, Ex. Ka.3 was registered at 10:30 am on 05.04.2000 under Section 306 of IPC against the appellant Mahmood, his elder brother Maqbool, his sister-in-law Nafeesa and his father Badloo. Inquest on the dead body was conducted vide Ex. Ka.9 on 05.04.2000 and the body was sent for postmortem, which was conducted on 06.04.2000 vide Ex. Ka.2 by PW-4 Dr. A.K. Shukla.
(3.) As per Autopsy Surgeon, following injuries were found on the body of the deceased: "(i) contusion 8cm x 6 cm on Rt. side of face and temporal region cut surface shows clotted blood. (ii) Abrasion 3cm x 2cm on chin. (iii) A complete ligature mark on the neck at the level of thyroid cartilage with overlapping on Rt side for about 3 cm. The size of ligature mark is 36 cm x 2 cm with the base like a furrow at left ear margins congested and abraded cut surface shows subcutaneous tissues of neck and neck muscles." ;