SHAHABUDDIN @ KALLU Vs. STATE

JUDGEMENT

(1.) DD No.58-B was recorded by the Duty Officer P.S.Seelampur to the effect that a quarrel was taking place at House No.908, Gali No.6, Chaohan Bangar, Seelampur and thus SI Banney Singh PW-12 left the police station to investigate and on reaching the house learnt that the injured had been removed to GTB Hospital, therefore he proceeded to the hospital. Simultaneously Inspector Ram Kishan PW-14, the SHO of the Police Station, who had received information of a lady being stabbed in the house above noted also proceeded to the house and therefrom to GTB Hospital and in this manner SI Banney Singh and Inspector Ram Kishan found themselves in the company of each other at the hospital and the two found that Mst.Noorjahan was admitted at the hospital and the MLC Ex.PW-9/A, prepared by Dr.B.D.Singh PW-9, showed she being brought in an injured condition having an incised wound having width 3 cm on the abdomen at the hospital by Giasuddin. She was conscious and oriented; a fact recorded in the MLC. It was also found by the two police officers that a boy named Shehnawaj, son of the appellant, was also brought to the hospital by one Irshad Ahmed and Dr.Davender PW-15 had prepared the MLC Ex.PW-9/B recording therein that the young boy had an incised wound measuring 5 x 0.5 x 0.5 cm on the neck and two incised wounds measuring 3 x 0.8 cm and

(2.) X 0.5 x 0.5 cm on the right shoulder. On the MLC Ex.PW-9/A, recording history how the patient had suffered the wound, Dr.B.D.Singh, the author of the MLC recorded : 'Allegedly stabbed by son'. On the MLC Ex.PW-9/B, giving the history how Shehnawaj had suffered the incised wounds, Dr.Davendar PW-15, the author of the MLC recorded: 'Alleged assault by father'. 2. Since Mst.Noorjahan was conscious and oriented, SI Banney Singh in the present of Inspector Ram Kishan, recorded her statement Ex.PW-12/A in which Mst.Noorjahan stated that at night at about 9.30 PM her son Shabuddin @ Kallu gave beating to his son Shehnawaj, aged about 8 years, uttering 'that since he used to roam around aimlessly the whole day he would teach him a lesson' and at that time her son was having a butcher's knife in his hand, which he placed on the neck of his son. She intervened and tried to snatch the knife from the hand of her son and in the process her grandson suffered injuries on his neck. Angered, her son uttered that he would put an end to her, and so uttering, thrust the knife in her abdomen. The son referred to in the statement by Mst.Noorjahan is none else other than the appellant.

(3.) PROCEEDING to the place of the occurrence, accompanied by Ct.Inderjeet PW-2, SI Banney Singh PW-12 picked up blood sample vide memo Ex.PW-2/A and on finding the appellant in the house arrested him and recorded the statement Ex.PW-2/C as per which appellant disclosed that he could get recovered the knife used to cause injuries to Noorjahan and Shehnawaj and thereafter got the knife Ex.P-1 recovered from the niche in the house which was seized vide memo Ex.PW-2/E.