JAMSHED Vs. STATE OF U P

JUDGEMENT

(1.) JAMSHED alias Dabli has come up in appeal against the judgment of the IVth Additional Sessions Judge, Aligarh finding him guilty under Sections 394 and 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life under the former count and to death under the latter count. The appellant is said to have committed the murder of Smt. Anwar Begum alias Anwar Fatima, wife of Chhuttan (P. W. 8) and daughter of Shamsuddin (P. W. 1) on 10-3-74 at about noon in her house in mohallah Chaucharian, Police Station Atrauli, district Aligarh. The deceased and her husband Chhuttan used to reside in a house in the aforesaid mohallah and in those days these were the only two inmates of the house because other members of the family were out. The house of Shamsuddin is in the same locality at a distance of 1 or 1-1/2 furlongs, On 10-3-74 Chhuttan left his house in the morning for 'shikar'. Because the wife was to live all alone in the house in his absence, he thought it fit to take her to her father. While leaving for 'shikar', Chhuttan therefore left the deceased at her father's house telling his father-in-law that he would be back at about noon and that Anwar Begum should be escorted back to his house by her father some time after noon. At about 12-30 p. m. therefore, Shamsuddin left his house with the deceased to leave her at her house. When he reached the house, Anwar Begum entered the house after opening the lock of the main door, while Shamsuddin began talking to two other persons, namely, Kabir Ahmed and Wahab Khan, These three persons were talking to each other regarding some land, at a distance of a few paces from the main door outside the house. Immediately after, Anwar Begum had entered the house, shrieks were heard by Shamsuddin and his two companions inside the house. Immediately Shamsuddin rushed inside followed by Kabir Ahmed and Wahab Khan. This appellant was seen coming out from the Kotha with a bloodstained knife in his hands. Shamsuddin had a 'danda' with him and he succeeded in apprehending the appellant after giving him some beating. He was helped by Kabir Ahmed and Wahab Khan. On a search being taken, the appellant was found in possession of a bundle containing currency notes worth Rs. 1,210 and two wrist watches. These watches were identified by Shamsuddin to be the property of his daughter and son-in-law. He also identified the handkerchief to be that of the deceased in which the currency notes were wrapped. When these persons entered the kotha and the room, they found that bolt and locks of the doors and boxes had been broken and articles were lying scattered. Shamsuddin dictated a report on the spot to Mahendra Swarup and took it to the thana, where it was received by H. C. Balbir Singh at 1 p. m. The investigation was taken up by K. P. Sharma S. O. , who at once left for the spot. The currency notes and the watches were taken in custody and sealed, the blood-stained knife was also taken from the hands of the appellant and was sealed. An inquest was held on the body of the deceased and the necessary papers were prepared. Plain and blood-stained earth was collected from the scene of occurrence and a site-plan was also prepared, Blood-stained garments of the appellant were taken off from his body and sealed, and these garments are marked Exts. 1 and 2. Broken locks and bolts were also examined by the investigating officer. Statements of material witnesses were recorded and on 1-4-74, a charge-sheet was submitted against the appellant.

(2.) DR. G. D. Tripathi, Superintendent Aligarh Hospital conducted the post-mortem examination of the body on 11-3-74 at 3-30 p. m. and noted the following ante-mortem injuries.

(3.) THE appellant admitted only this much that he was a cousin of Chhuttan and that the deceased was married to Chhuttan. Regarding the allegation that on that date Chhuttan had gone for 'shikar' and had left the deceased at her father's house, the appellant pleaded ignorance. The appellant denied the whole prosecution case and he also denied his arrest inside the house, as alleged by the prosecution. On the other hand, he suggested that he was arrested from his house. The appellant also denied taking of his blood-stained clothes by the police. About witnesses, the appellant said that they were inimical to him. He alleged that his uncle was a candidate in the election for M. L. A. and in that connection enmity grew up between him and Shamsuddin. He further said that Sham-suddin used to throw sand on the land of his (appellant's) father-in-law and that the appellant gave an application against Shamsuddin to the S. O. Police Station Atrauli and that Shamsuddin had therefore threatened to falsely implicate him in some ease, The learned Sessions Judge relied on the statements of the three eyewitnesses and also on the statement of Chhuttan. Believing the entire prosecution case to be true he convicted the appellant under Sections 394 and 302 of the Indian Penal Code and sentenced him as mentioned above.