HAJI HAMID KHAN Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of an appeal against the judgment and order of learned Additional Sessions Judge dated 20.12.2010 in SC No. 40/2007, by which the Appellants were convicted for the charge of having committed offences punishable under Section 302/34 IPC.

(2.) The prosecution version was that the second accused (hereafter referred to as "Samir Khan") married to Azra Parveen, the deceased's sister. The prosecution alleged that on account of her differences with the accused Samir Khan and his father (the first Appellant, hereafter referred to as "Haji Hamid Khan") she started living with her parents. It was alleged that Azra Parveen (PW-14) was harassed for dowry by the accused, her mother in-law Farida as well as her sister-in-law Shaheen. According to her, a demand for purchasing a motor cycle was made. This led to Rs. 40,000/- being given in cash to her sister-in-law by PW-14's mother. However, demands were made which led to PW-14 returning to her residence. It was alleged that these demands and the conduct of the accused led to lodging of FIR No. 75/ 2007 alleging commission of offences under Section 498A/406/303/34 IPC, PS Lahori Gate on 31.01.2007 and the same was produced during the trial and proved as Ex. PW-11/A. The prosecution further alleged that at about 6.00 PM, on 22-08-2007, at Gali Chashreen, the Appellants caught hold of Rashid, the deceased. The role played by Haji Hamid Khan was to hold Rashid by his shoulders; the co-accused Mohd Samiullah allegedly kept his foot on Rashid and Samir Khan stabbed him with a knife. PW-1 informed the PCR; resultantly the Police reached the spot within 2-3 minutes and Rashid was rushed to the hospital in a seriously injured condition. It was also alleged that Haji Hamid Khan returned to the spot after inflicting injuries on himself and a second PCR van came to the spot and took him to the hospital. Initially the injured Rashid was taken to Aruna Asaf Ali Hospital around 6.40 PM when an MLC (1) was prepared (Ex. PW (1) 13/A), however, apparently he was advised to be taken to Bara Hindu Rao hospital. The police took Rashid to the hospital at 7.10 PM where eventually he died.

(3.) On the basis of statement made by the witnesses primarily PW-1, PW-3, PW-14, PW-18, PW-19 and PW-20, all members of the Rashid family, the accused, who were arrested in the meanwhile, were charged with having committed the offence in question. They entered the plea of not guilty and claimed trial.