IRFAN Vs. STATE OF U.P.
LAWS(ALL)-2019-2-301
HIGH COURT OF ALLAHABAD
Decided on February 20,2019

IRFAN Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Pankaj Naqvi,J. - (1.) P.W.-2 a neighbour of the victim submitted a written report (Ex. Ka-1) dated 29/4/93 that previous night at about 7.30 PM, accused-appellant strangulated his wife (victim) to death, cries for help were heard by neighbours and the body taken to the burial ground. On aforesaid information, an F.I.R. dated 29.4.93 (Ext Ka 2A) came to be registered at 11.20 AM under section 302 IPC against the accused-appellant. During investigation names of 3 other accused i.e., Ashfaq, Amir and Sitara Begum also surfaced in the commission of crime. This criminal appeal is preferred against the judgment and order dated 28.11.2005 by the Additional Sessions Judge, Court No. 3, Meerut in S.T. No. 814 of 1994 (Case Crime No. 272 of 1993) convicting appellant for life under Section 302 IPC with fine of Rs. 5,000/- and a default sentence of 2 years R.I; under section 201 IPC to 5 years R.I., with fine of Rs. 2500/- and a default sentence of 1 year R.I. All sentences were to run concurrently.
(2.) The trial court held that all the links in the chain of circumstances are complete against the appellant in the commission of crime, convicted the accused/appellant but acquitted the other 3 accused. No appeal/revision against acquittal was brought to our notice.
(3.) Heard Shri Sheshadri Trivedi, the learned Amicus and Shri A.N. Mulla, the learned A.G.A.;


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