SHABAB Vs. STATE

JUDGEMENT

(1.) THE appellant stands held guilty and convicted, inter alia, for the offence under Section 302 Indian Penal Code, 1860 ("IPC") on the charge that, feeling jilted upon being rejected as suitor, he committed the murder of Saira @ Rani ("the deceased") by slitting her neck with a knife in the kitchen of her residence (House No. R -196, gali no. 21, Brahmpuri, Delhi at about 6:30 PM on 24.07.1997) and also, for the offence under Section 309 IPC, on the charge that immediately after committing the murder of Saira @ Rani, he attempted to commit suicide by causing cut injury, with the same knife, on his own neck. The findings of guilty on the two counts were returned by the trial court, by judgment dated 26.02.2000 (in Sessions case no. 14/1998) primarily believing the eye -witness account of Nazma (PW -5) and Farzaana (PW -7), the mother and Mausi (mother's sister), in addition to the testimony of Masroor Ahmed (PW -9), the father of the deceased who statedly had come, on the scene, immediately after the occurrence.

(2.) BY order dated 29.02.2000, the trial court awarded imprisonment for life with fine of Rs. 1000/ - for offence under Section 302 IPC and simple imprisonment for six months with fine of Rs. 500/ -, for offence under Section 309 IPC, directing both these sentences to run concurrently and the benefit of set off under Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C.) also to be available.

(3.) MASROOR Ahmed (PW -9) was married to Nazma (PW -5) in 1970 -71. Seven children took birth out of this wedlock. They included four sons named, Saleem, Nadeem, Waseem and Imran. During the trial, at the stage of evidence (in 1999), Saleem was described to be about 25 years old, followed by Nadeem 22 years old, Waseem 16 years old and Imran 8 years old. The three daughters included Saira @ Rani (the deceased), the other two being Reshma and Salma, who according to PW -9, were born as the first offspring at the interval of 1 1/2 years of each other after marriage. Saira @ Rani was indisputably 18/19 years old at the time of her death. The evidence of her mother (PW -5), and of her father (PW -9), coupled with the observations in the autopsy report (Ex.PW -10/A) in this regard has not been challenged.