MOHD. NASEEM Vs. STATE

JUDGEMENT

(1.) BELIEVING that Meena (the deceased) made three dying declarations, the first to her daughter Shameena PW-2, the second to the doctor on duty at the hospital where she was brought in an injured condition and the third to ASI Ateeq Ahmed, in which she disclosed that the appellant who was her step son had shot her, as also the testimony of Salma Bano PW-4, who claimed to be an eye witness, the learned Trial Judge has returned a finding of guilt against the appellant.

(2.) AS per the prosecution the deceased was the second wife of Mohd.Raees and the appellant was her step son. One Mohd.Anees and Mohd.Raees (both proclaimed offenders), had caught Meena and on Mohd.Raees exhorting, the appellant fired with a pistol and all accused fled. Since Mohd.Anees and Mohd.Raees were declared proclaimed offenders, the instant trial relates only to the appellant.

(3.) IT may be noted at the outset that the relevance of this controversy would be whether at all Salma Bano PW-4 was present with the deceased when the deceased was shot.