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2019 Supreme(All) 1149

PANKAJ NAQVI, UMESH KUMAR
Irfan – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellants : Nigamendra Shukla, A.N. Agarwal, Anju Shukla, Arvind Agrawal, Noor Mohammad, S.N. Singh, Sheshadri Trivedi.

JUDGMENT :

Pankaj Naqvi, J.

1. 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. PW-2 a neighbour of the victim submitted a written report (Ex. Ka-1) dated 29.4.1993 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.

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

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