State of U.P. v. Rafiq

Court No. - 13

Case :- GOVERNMENT APPEAL No. - 3060 of 2001

Appellant :- State Of U.P. Respondent :- Rafiq Counsel for Appellant :- Govt. Advocate

Hon'ble Umesh Chandra Tripathi,J.

Heard learned A.G.A. for the State-appellant.

This appeal has been filed by the State/appellant with a prayer to grant leave to appeal against the impugned judgment and order dated 18.06.2001 passed by Additional Sessions Judge XIth Agra, whereby the respondent/ accused Rafiq was acquitted in Sessions Trial No. 265/1996 (State Vs. Rafiq) for the offence punishable under Section 306 I.P.C., Police Station - Shahganj, District- Agra.

As per prosecution version, on 11.10.1991 at about 6:45 p.m., victim Gudia daughter of informant Nafeesa, was seen in accompany of accused/respondent Rafiq by informant Nafeesa and her son Saeed. Respondent/accused Rafiq told victim Gudia that he had been seen by these two persons. Therefore you commit suicide by pouring kerosine oil on her body.

From perusal of record, it reveals that first information report has been lodged on the next day i.e. 12.10.1991 at 9:45 p.m. with inordinate delay without any plausible explanation. There is material contradiction in statement of witnesses of facts Nafeesa and her son Saeed. Smt. Nafeesa admitted in her cross examination that accused Rafiq had fled from the door which was locked. Pw-2 Saeed stated that Rafiq had fled from the door which was open. Prosecution version is also not natural. Inquest report has been prepared on the same day i.e. 11.10.1991, till then no allegation of abetment to suicide has been made against respondent/accused Rafiq.