MAJID SHEIKH MANSOORI Vs. STATE

JUDGEMENT

(1.) MAJID Sheikh Mansoori has been held guilty for having murdered his wife Vidya. The learned Trial Judge has returned the verdict of guilt believing Azaruddin PW -7 and Shakil Mohammad PW -19 to be truthful eye witnesses. Recovery of knife Ex.P -1 pursuant to Majid Sheikh Mansoori 's disclosure statement which was opined by Dr.Raghvinder Kumar PW -4 as capable of causing the 17 stab wounds on Vidya is the other incriminating evidence relied upon. After holding Majid Sheikh Mansoori guilty for the offence of murder vide impugned decision dated April 03, 2012, the learned Trial Judge has sentenced him to undergo imprisonment for life and pay fine in sum of Rs.10,000/ -; in default to undergo simple imprisonment for six months vide order on sentence dated April 19, 2012.

(2.) MAJID Sheikh Mansoori questions the decision dated April 03, 2012 on the plea that recovery of the knife Ex.P -1 has wrongly been attributed at his instance. As per him it was lying on the windowsill of the room where Vidya was murdered. Majid Sheikh Mansoori complains in the appeal that the learned Trial Judge has not considered his defence: of being falsely implicated by Azaruddin. In support of his innocence Mazid Sheikh Mansoori points out that from the injuries caused on the deceased and from the photographs Ex.PW -6/A -1 to Ex.PW -6/A -20, it becomes evident that as Vidya was being stabbed by the assailant a stream of blood oozed from the body. He argues that it is not possible that the clothes of the assailant would not be stained with blood. Majid Sheikh Mansoori highlights that from the fact that his clothes were not seized in spite of the prosecution claiming that he was apprehended at the spot inference has to be drawn that he was not the assailant of Vidya.

(3.) MAJID Sheikh Mansoori, drawing attention of the Court to the sketch Ex.PW -7/F of the knife Ex.P -1, which knife can be better seen in the photograph Ex.PW -6/A -15, urges that a person holding the knife in his hand and inflicting 18 blows is bound to receive injuries on the palm of his hand for the reason the wooden/PVC/plastic cover on the handle of the knife is missing. The protrusion of the handle portion from the blade i.e. the single metal piece is bare at the place of the handle. Anyone holding such a knife and stabbing 18 times is bound to receive injuries on the hand. Ex.PW -9/A containing the medico legal report of Majid Sheikh Mansoori does not record any cut marks or bruise injuries on the palm of the hand.