JAMIR AHMED @ JAMIRUDDIN Vs. STATE

JUDGEMENT

(1.) JAMIR Ahmed @ Jamiruddin has challenged his conviction vide impugned Judgment dated 29th July, 1998 under Section 302, 452 and 323 of the Indian Penal Code, 1860 (IPC, for short) by the Additional Sessions Judge in Sessions Case No. 86/95 arising out of FIR No. 216/1994, Police Station Jama Masjid. The impugned judgment accepts that the prosecution has been able to prove that the appellant had stabbed and murdered Mohd. Asgar on 24th December, 1994 at about 9.30 P.M. in house No. B -42, Gali Karim Hotel, Matia Mahal, Jama Masjid and had caused injuries to Khursida, sister of Mohd. Asgar on the same date and time. Appellant had trespassed into the said dwelling house for the purpose of causing hurt. By the same impugned judgment, Mohd. Sabir, brother -in -law of the appellant herein, had been acquitted. State has not preferred any appeal against the said acquittal. As per the prosecution version, Shah Jahan @ Sajjo was an equal co -participant, who shared common intention in the said offences. Shah Jahan, mother -in -law of Mohd. Sabir, has not been arrested and was declared a Proclaimed Offender (PO).

(2.) IN order to appreciate the prosecution version, undisputed facts may be noticed. Mohd. Kamil, Akbar Khan and Mohd. Jabbar were three brothers. Mohd. Kamil had adopted Mohd. Sabir as he did not have any children. Mohd. Sabir is married to one Noor Jahan, daughter of Shah Jahan (PO). The appellant -Jamir Ahmed is brother -in -law of Mohd. Sabir.

(3.) THERE is ample evidence in view of the testimonies of Khursida (PW - 1), her father Akbar Khan (PW -12), Mohd. Aslam (PW -4) and Mohd. Sahid (PW -10) to show and establish that there were disputes and differences between Mohd. Sabir and the deceased - Mohd. Asgar and his family on the entitlement and use of the property No. B -42, Gali Karim Hotel, Jama Masjid, Matia Mahal, Delhi (the property, for short). Deceased Mohd. Asgar was to get married in about a months time and he wanted to partition the said property to make provision for additional accommodation, but this was not acceptable to Mohd. Sabir. Khursida (PW -1) has deposed that altercation had taken place between deceased Mohd. Asgar and Mohd. Sabir and a police report was filed with Police Station Jama Masjid, but the matter was resolved/compromised with intervention of the family members and persons from the locality. Noor Jahan, wife of Mohd. Sabir had made a complaint to the said police station alleging that Mohd. Asgar had outraged her modesty. Mohd. Aslam (PW -4), brother of the deceased Mohd. Asgar, has similarly deposed about repeated quarrels between Mohd. Sabir and the deceased on the issue of partition, raising of the wall, etc. Mohd. Sahid (PW -10) has equally and affirmatively stated about the tension and quarrel on the question of partition and division of the house. Akbar Khan (PW - 12), father of the deceased has deposed on identical lines about the quarrel between the two families, which he had described as a small incident and had stated that Mohd. Sabir and his wife Noor Jahan had objected to raising of the wall to divide the house into two portions, etc.