MOHD ZAHID Vs. STATE

JUDGEMENT

(1.) These appeals are directed against the judgment dated 22.4.1997 and Order on Sentence dated 23.4.1997, whereby the appellants were convicted under Section 302 and 324 of IPC read with Section 149 and were sentenced to undergo imprisonment for life and to pay fine of Rs 1000/- each or to undergo SI for three months each in default under Section 302/149 IPC, RI for one year each and to pay fine of Rs.500/- or to undergo SI for one month each in default under Section 324/149 IP, The appellants Mohd.Amil, Mohd.Fazil and Mohd.Sabir were also convicted under Section 148 IPC and sentence to undergo RI for one year each whereas appellant Ashiq was also convicted under Section 147 IPC and sentenced to undergo RI for six months. The sentences were directed to run concurrently. The accused Mohd. Yameen and Zahir were acquitted.

(2.) The case of the prosecution is that on 21st June, 1993, at about 10.15 pm, Police Control Room informed PS Hauz Qazi that a quarrel took place in House No.4561, Gali Shahtara. On receipt of copy of this information, which was recorded vide DD No.28-A of the police station, police officials reached the spot and came to know that the injured had been taken to JPN Hospital by PCR Van. On reaching the hospital, they came to know that deceased Ashfaq was brought dead to the hospital. Mohd.Akhlaq, brother of deceased Ashfaq, was found admitted in JPN Hospital in injured condition and his statement was recorded by the Investigating Officer Insp.Data Ram. The case of the prosecution, as stated in the FIR registered on the statement of the injured Mohd.Akhlaq, is that they were residing on the first floor of House No.4561, whereas his uncle Mohd.Yameen was residing at the second floor with his wife and four sons, including the appellants, Mohd.Amil and Mohd.Fazil. At about 10.00 pm, the wife of his uncle Mohd.Yameen threw water which fell in their courtyard. When he asked them not to do so, the appellant Mohd.Amil also threw household garbage in their courtyard. Thereafter, Mohd.Amil also called his maternal uncles, appellant Mohd.Sabir, Mohd. Ashiq and Mohd. Zahid, and another maternal uncle Mohd.Zahir. These seven persons entered his house, and surrounded him and his brother Mohd. Ashfaq. Mohd. Yameen asked others to kill them so as to bring the incessant quarrels to an end. Thereupon, Mohd. Yameen caught hold of him by his neck, whereas Mohd. Zahid and Mohd. Ashiq held his brother Ashfaq. Mohd. Amil gave knife blow on the left side of the chest, whereas Mohd.Fazil gave knife blow on his left elbow. Mohd. Zakir and Mohd. Sabir gave knife blows on the stomach and hand of deceased Ashfaq. His wife Rehana Begum, his aunt Gazala Begum, her daughters Shaista and Yasmin, who had witnessed this incident, raised an alarm and tried to save them and sustained minor injuries in the process.

(3.) The prosecution examined 20 witnesses in support of its case. One police official was examined in defence to prove copy of DD No.28-A dated 21.6.1993 Ex.DW-1/A. The case of the prosecution rests primarily on the testimony of PW-2 Smt.Rehana Begum, PW-10 Mohd. Akhalq, PW-12 Smt. Gazala Begum, PW-13 Kumari Shaista and PW-14 Kumari Yasmeen, who are stated to be the eye-witnesses of the incident. PW-10 Mohd. Akhlaq was also given stab wounds in that incident.