MOHD. ANIS Vs. NCT OF DELHI

JUDGEMENT

(1.) By the present appeal, the appellants had challenged the judgment dated August 13, 1998 convicting them for offences under Sections 302/307/34 IPC and the order on sentence dated August 18, 1998 directing them to undergo imprisonment for life and fine of Rs. 3000/- each for offences under Sections 302/34 IPC and rigorous imprisonment for 5 years and to pay a fine of Rs. 5000/- for offence punishable under Section 307/34 IPC. During the pendency of the present appeal, appellant No.1 passed away and thus the appeal qua him stood abated. Thus, the present appeal is now confined to appellant No.2 Mohd.Khalid S/o Mohd.Anis only.

(2.) As per the prosecution, the incident took place due to rivalry between Mohd.Anis and Mohd.Salim, the two brothers and Shafiq ur Rehman, the deceased, who was married to the sister of Mohd.Anis and Mohd.Salim. The differences started after Shafiq ur Rehman contracted a second marriage. Mohd.Salim had purchased a built up house admeasuring 103 Sq. Yds for consideration in February, 1992. However when Mohd.Anis started running a guest house in a portion of the house in his occupation, frequent quarrels took place between wife of Mohd.Anis and the second wife of deceased Shafiq ur Rehman. Kalandra under Section 107/151 Cr.P.C. was registered between the parties on February 15, 1993 besides a civil suit filed by Shafiq ur Rehman.

(3.) On July 14, 1993 at about 11.11 PM, PW-4 Mohd.Salim received a letter from his sister. Since he was illiterate, he went to his maternal uncle for getting the said letter read over to him. While, he was entering the house of his maternal uncle, he was way laid by Mohd.Anis and his son Mohd.Khalid who started abusing him. Mohd.Anis was carrying one 'seek' (rod used for roasting Kabab) while Mohd.Khalid was carrying Chhuri. Both of them attacked Mohd.Salim, as a result he received multiple injuries on his person. He saved himself and ran towards Police post Turkman Gate from where he was taken by PW-10 Constable Sufal Ram to JNP hospital. Immediately after this incident, on the same night at about 12 O'clock while Shafiq ur Rehman was watching TV along with his daughters and sons, there was a noise of some quarrel in the gali. The witnesses saw Mohd.Anis and Mohd.Khalid armed entering the house with blood stained clothes and shouting asking for Shaffo (Shafiq ur Rehman). The deceased Shafiq ur Rehman who was on the first floor tried to shut the door but was not successful. Both came rushing towards him in the room and stabbed Shafiq ur Rehman. The deceased rushed out to save himself and went downstairs from the staircase where Johra Begum W/o Mohd.Anis and her second son Khurram (proclaimed offender) were also present. Khurram was also carrying a 'seek' (rod used for making Kabab) in his hands. They caught hold of the deceased and he fell down. Thereafter, Mohd.Anis and Khalid gave him stab wounds with chhuris in their hands. Shafiq ur Rehman was bleeding profusely, however the four accused dragged him in their room. Daughter of the deceased rushed to the house of Aman-Ullah-Khan @ Daddy who on seeing, informed the Police.