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1968 Supreme(SC) 124

S.M.SIKRI, V.BHARGAVA, J.M.SHELAT
Bashir – Appellant
Versus
State Of U. P. – Respondent


Advocates:
K.K.Luthra, O.P.RANA

Judgement

BHARGAVA, J. :- The appellant Bashira was convicted by the Court of Session for having committed the murder of his own wife Saira alias Mahobawali with an axe inside his house at about 11 a. m. on 22nd August, 1966. The First Information Report of this incident was lodged on the same day at 5-15 p.m. by Naziran, the mother of the appellant, who went to the Police Station accompanied by the Chaukidar. The investigation of the case began on 23rd August, 1966. The appellant surrendered himself in Court on 24th August, 1966. On 15th September, 1966, the challan was presented in the Court of the Magistrate who recorded some evidence, proceeded in accordance with Section 207-A of the Code of Criminal Procedure, and then, on 28th November, 1966, committed the appellant for trial to the Court of Session for the offence of committing the murder of his wife punishable under Section 302 of the Indian Penal Code. The Temporary Civil and Sessions Judge of Hamirpur fixed 28th February, 1967 as the date for starting the actual trial of the case. On that day, before beginning the trial, he appointed one Sri Sirish Chandra, Advocate, as amicus curiae counsel to represent the appellant. He



























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