FADRUDDIN ALIAS FARIDDUDDIN ALIAS FARDEEN Vs. STATE

JUDGEMENT

(1.) -This criminal appeal has been filed from jail by the appellant Fadruddin alias Fariddudin alias Fardeen against the judgment and order of the Additional Sessions Judge, Fast Track Court No. 2, Ballia, dated 30.9.2005 convicting the appellant to imprisonment for life under Section 302, I.P.C. and a fine of Rs. 10,000. In default of payment of fine, the appellant was sentenced to further one year's additional imprisonment.

(2.) THE prosecution case was that the appellant used to reside with the informant Zakir Hussain in the informant's house in village Bastaura, because the appellant's father Akhtar Hussain (elder uncle of the informant) used to work in Delhi. On 9.9.2004 the appellant had returned home in an inebriated condition for which the deceased Sarfaraz Ahmad (uncle of the appellant and father of the informant) scolded him and asked him to take his food. This annoyed the appellant. However, the appellant was persuaded by his grand-mother Smt. Nejbunnisha to eat his dinner. In the night of 9.9.2004, the informant and his brother Muzaffar Hussain, his father, the deceased Sarfaraz Ahmad, and the appellant were sleeping on three adjoining cots outside the house. THE informant was sleeping on the same cot as his brother Muzaffar Hussain on a cot which was placed to the left of his father Sarfaraz Ahmad's cot. THE appellant's cot was placed on the right of the deceased Sarfaraz's cot. On 10.9.2004 at about 4-4.30 a.m. the appellant went inside the house on the pretext of drinking water and then returned after a while. At that time the informant was awake. Soon thereafter he started assaulting the deceased with a "daav" (a knife used for cutting a goat). On the alarm of the informant and his brother the appellant ran away. THE cries of the informant and his brother attracted Vakil Ahmad and Maqbool Ahmad to the place of incident. THE appellant had been recognised in the light of lantern by the witnesses. When the informant's mother did not come out inspite of the alarm raised, then he went inside her room to find his mother lying dead in a pool of blood with incised wounds on her body.

(3.) HE thereafter conducted post mortem on the dead body of Shahnaz Begum. HE found that the deceased was 38 years in age. HE also found that the deceased had an average body built and height and that both eyes were partially closed, the mouth was open and the tongue protruded from a sharp cut injury. Rigor mortis was present on the lower and upper part of body. HE noted the following ante-mortem injuries on the deceased Smt. Shahnaz Begum :