ISLAMUDDIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) APPELLANT has preferred this appeal from jail against the judgment and order dated 18.8.2010 rendered by learned Sessions Judge, Chamoli (Gopeshwar) in Sessions Trial No. 12 of 2009. He was found guilty for the offence of sections 307 and 452 IPC wherefor he has appropriately been sentenced by the court below. Having heard the learned amicus curiae as well as the State Counsel, it transpires that on the relevant date and time, the appellant went to the house of victim Salim Ahmed and demanded a Biri from him. When the victim expressed his inability for the same, accused stabbed him four times with the knife which he held in his hand, making the victim seriously injured. Hearing the hue and cry, PW1 Ms. Salma (daughter of victim) and PW3 Smt. Anisa Begum (daughter -in -law) came at the spot. They both witnessed the occurrence and saw that the appellant was still standing having knife in his hand. Victim then became unconscious. His brother Noor Ahmed also arrived at the spot, who lodged the report. Soon thereafter, accused escaped from the spot and came to his house along with the same knife in his hand. The said knife was snatched by his own daughter Ms. Sahina. This weapon was recovered by Naib Tehsildar (Revenue Law Enforcing Official) of the concerned area on the same day at 7 PM. The victim was shifted to the government hospital, Rudraprayag where the following injuries were noted by PW4 Dr. Govind Vallabh: - -

(2.) LEARNED amicus curiae has argued that no blood was found on the knife nor the same was sent for examination at Forensic Science Laboratory. The Court, considering the arguments of learned amicus curiae, do not find any substance therein because the recovery of knife was made almost after seven hours of incident from the possession of real daughter of accused. So, within this duration of seven hours, it was but natural for the daughter of accused to remove the blood signs, in case she had noticed the same. It is also pertinent to mention here that the victim Salim Ahmed remained confined in the hospital up to 4.7.2009 i.e. for almost eight days.

(3.) IT has further been argued by learned amicus curiae that in fact, it was a fight between the victim and his own real brother Noor Mohammed. In absence of any suggestion in the cross -examination to either of the prosecution witnesses, such a contention cannot be accepted. It is simply an assumption at the stage of arguments before this Court, which do not have any basis to make its credence.