GULSHAN S O AHMED ALI Vs. STATE

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order of sentence dated 29th November, 1996 passed by Mr.R.K.Tewari, Addl. Sessions Judge convicting the appellant Gulshan under Section 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs.1000/-, in default, further RI for one month. Appellant had also been charged under Section 201 IPC but was acquitted of the same.

(2.) The appellant was charged with having committed murder of minor Parvez @ Naneh on 29th April, 1995 at Ganda Nala, Kadam Puri, Opp. Yamuna Vihar. It would be relevant at this stage to notice inter se relationship between the appellant, deceased and others who are witnesses in the case. The appellant/accused's father Ahmed Ali (DW2) married Shahida Begam (PW1), a divorcee having daughters Shabana (PW2) and another daughter, from previous marriage. Kabir (PW-3) is the son-in-law of Shahida Begum and husband of her second daughter. Ahmed Ali also has siblings from a previous marriage, appellant/accused being one of the sons. Ahmed Ali had started cohabiting and residing with Shahida Begum and her family. Deceased-Nanhe was the minor son of Shabana.

(3.) The prosecution case is that on account of marriage and cohabitation of Ahmed Ali with Shahida Begum, the appellant/accused was inimical towards Shahida Begum, Shabana and the deceased. PW-3, Kabir states that appellant/accused in a drunken state used to visit Shahida Begum and Shabana and have quarrel with them. Kabir deposed that on 28th April, 2005 at 9 P.M., he had seen the appellant/accused with the deceased going on a rickshaw towards Brahmpuri near pulia. He did not enquire anything from the appellant/accused as he was often taking the deceased with him, but he told these facts to Shahida Begum and Shabana.