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2022 Supreme(All) 724

Mustqeem – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates Appeared:
For the Appellant : Rajesh Pathik, Mukesh Joshi, Manish Joshi, S.K.A. Rizvi, S.M. Iqbal Hasan.
For the Respondent:Govt. Advocate.

JUDGMENT :

Ashwani Kumar Mishra, J.

1. Appellants in these two appeals are the parents of deceased, who have been convicted for murdering their only daughter Rehana, under Section 302 read with Section 34 IPC vide judgment and order dated 12.8.2013, passed by the Additional District and Sessions Judge, Court No.6, Moradabad, in Sessions Trial No.439 of 2011 (State Vs. Mustqeem & Khursheeda) arising out of Case Crime No.538 of 2010, Police Station Asmauli, District Moradabad and sentenced to imprisonment for life alongwith fine of Rs.15,000/- each and to undergo three months' additional imprisonment on failure to deposit the fine.

2. Sharafat (PW-1) the Village Chowkidar of Village Mawai Thakuran informed the Station House Officer of Police Station Asmauli on 24.11.2010, by means of a written report (Exhibit Ka-1), that Rehana, aged about 15 years (hereinafter referred to as ''deceased'), daughter of Mustqeem son of Hameed Teli (hereinafter referred to as ''appellant no.1') has died due to unknown reasons in the night of 23/24 November, 2010 and her dead body is lying in her house. Aforementioned report further states that he (PW-1) heard in the village that deceased had gone to her re

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