MOHD YAMIN Vs. STATE

JUDGEMENT

(1.) THE appellant has preferred this appeal challenging his conviction by the learned Additional Sessions Judge, Delhi in Sessions Case No. 162/92 under section 302 IPC and Section 27 of the Arms Act for the murder of one Mohd. Salim on 09. 11. 91.

(2.) THE case set out by the prosecution against the appellant was that the appellant's married sister Mobina having three children had been deserted by her husband. After her desertion by her husband the deceased Mohd. Salim, who was also married already, married Mobina. Earlier marriages of both of them had not been dissolved. Mobina's family members, including the appellant, were not happy with her marrying Mohd. Salim. On 8. 11. 91 there was a quarrel between the appellant and the deceased over Mobina at the house of the deceased where the appellant-accused had gone to warn him not to have any relationship with Mobina. On 9. 11. 91 at about 11 p. m. the deceased went to the house no. 3971 of the appellant in Gali Khankhana, Macchli Walan in Jama Masjid area alongwith PW-1 shariq Datt Khan, who was working with him, to take Mobina and the three children from there but the appellant told him that she had gone to Pakistan. Upon that the deceased said that he had checked up from the Embassy and the appellant was telling a lie. He then asked the appellant about the children. The appellant told the deceased that the children had been brought up by them and he (the deceased) had nothing to do with them. The deceased then told the appellant that he would take with him the girl child Ruby as he was opening a hotel in her name. All that led to exchange of hot words and abuses between the appellant and the deceased and at that time the appellant took out a "chhura" from under the cushion of the sofa and stabbed the deceased in his abdomen 2-3 times due to which the deceased fell down on the floor and died there itself. That incident was witnessed by PW-1 Shariq Datt Khan and he had gone to the Jama Masjid police station immediately after the incident and lodged a report about this incident and on his report a case under Section 302 IPC was registered.

(3.) PURSUANT to the registration of the FIR at the instance of the said shariq Datt Khan the police apprehended the appellant on 10. 11. 91 and while in police custody he made a disclosure statement and got recovered from his house one "kirpan" (Ex. P-1) which was kept in an almirah. The dead body of the deceased was subjected to post-mortem examination. The autopsy surgeon Dr. L. K. Barua (PW-15) found the following injuries on the body of the deceased. External injuries: