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2023 Supreme(SC) 684

J. B. PARDIWALA, MANOJ MISRA
Wazir Khan – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the Appellant(s) : Dr. Rajesh Pandey, Sr. Adv. Mr. Chaturanan Choubey, Adv. Mr. Abhishek Pandey, Adv. Ms. Mridula Ray Bharadwaj, AOR
For the Respondent(s): Dr. Abhishek Atrey, AOR Ms. Rachna Gandhi, Adv. Ms. Ambika Atrey, Adv.

ORDER :

1. These appeals are at the instance of the appellant/convict-Wazir Khan and is directed against the judgments and orders dated 25.07.2017 (conviction) and 09.08.2017 (sentence) resply passed by the High Court of Uttarakhand at Nainital in Government Appeal No. 10 of 2011, by which the High Court allowed the appeal filed by the respondent-State of Uttarakhand and thereby reversed the judgment and order of acquittal passed by the trial court.

2. The deceased-Bushra was the wife of the appellant/convict-Wazir Khan. The appellant/convict-Wazir Khan was put to trial in the Court of Additional Sessions Judge, Roorkee, District Haridwar, Uttarakhand in Sessions Trial No. 158 of 2007 for the offence punishable under Section 302 and 201 of the Indian Penal Code, 1860 (for short “IPC”). It is the case of the prosecution that the appellant/convict-Wazir Khan committed murder of his wife-Bushra by inflicting injuries all over her body with a knife.

3. It appears that one, Mohd. Hayyat informed the police on telephone on 23.07.2007 that the deceased/wife of the appellant had been murdered in her house. This incident appears to have occurred during the intervening night of 22.01.2007 and 2

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