MANJU KHAN Vs. STATE

JUDGEMENT

(1.) Chaudhary Khazan Singh (Public Witness -3) is the owner of a house situated in Arvind Mohalla, Village Gonda, East Delhi. It consists of small rooms on all the four sides and an open space in the centre. There is one main door of entrance. Each room is occupied by tenants. Qayum Khan deceased alongwith his nephews Saleem (Public Witness -2) and Tahir (Public Witness -I) and Manju Khan, accused, was in occupation of one of the rooms. On 21st August, 1983, Manju Khan is alleged to have caused the death of Qayum Khan by stabbing him in the chest with a dagger under the circumstances as stated by Saleem (Public Witness -2) before the Police at the Police Station, Seelampur

(2.) According to Saleem, his uncle Qayum Khan had agreed to engage his daughter Nargis aged about 14/15 years with Manju Khan about two months prior to the date of incident. Later on, the relations of Qayum Khan opposed the engagement on account of vast difference in the age of the girl and the accused. Qayum Khan then refused to marry his daughter and informed Manju Khan about it. Manju Khan felt insulted and left the room with his luggage 5-6 days before the incident.

(3.) Narrating the actual incident, Saleem informed that on 21-8-83 after seeing a late night movie show at Radhu cinema, Shahdara, he along- with his cousin Tahir and uncle Qayum Khan came to their room at about 1.30 A.M. They saw Manju Khan lying on a cot in front of the room. All the three then took off their clothes in preparation for going to sleep. Qayum Khan lay down on the cot on which Manju Khan was already lying. Manju Khan then started coercing Qayum that he should marry his daughter with him as early as possible. Qayum Khan refused to do so on account of the age difference. On hearing this, Manju Khan went outside but came back within a minute or so, holding a dagger in his right hand. He declared that he would teach Qayum Khan a lesson for not marrying Nargis to him. Immediately thereafter, he stabbed Qayum Khan with the dagger with full force on his chest. Saleem and Tahir tried to catch hold of Manju Khan by chasing him in the street. The accused, however, threatened that in case anyone tried to apprehend him, he would meet the same fate. Both of them then raised hue and cry, on hearing of which the neighbours collected there. On receipt of the dagger blow, Qayum Khan died there and then.