MOHAMMAD SHARIF Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) All the aforesaid criminal appeals and revision arise out of judg-ment and order dated 7-6-1980, passed by Sri P. C. Jain, the then 1st Additional Sessions Judge, Shahjahanpur, whereby the learned trial Judge found the accused appellant Mohd. Sharif guilty under Section 302, I.P.C. and sentenced him to imprisonment for life. By the same judgment and learned trial Judge found accused Rafiq and Yasin 'not guilty' on the charges framed against them under Sections 302/109, I.P.C. AND 302/120-B, I.P.C. and acquitted them. Feeling aggrieved by the said judgment Mohd. Sharif preferred Criminal Appeal No. 2069 of 1980 and State preferred Government Appeal Nos. 2040 of 1980 and 2039 of 1980. The complainant too feeling aggrieved by the acquittal of Rafiq preferred Criminal Revision No. 1280 of 1980. Since all the aforesaid matters arise out of one and same judgment, they were heard together and are being disposed of by this common judgment.

(2.) The prosecution case briefly stated is as follows :- The complainant Mohd. Nabi (P.W. 2) was the father of the accused appellant Sharif. Rafiq and Yasin were the friends of Mohd. Sharif. Sharif was residing in a separate house adjoining to the house of the complainant towards the north situate in Mohalla Khalik Sharqi, police station Kotwali, District Shahjahanpur. The deceased Smt. Ishrat Jahan was the second wife of the complainant Mohd. Nabi. Mohd. Nabi had two sons from his former wife viz. accused appellant Sharif and Shafi as also two daughters viz. Nazma (P.W. 3) and Shahnaz. Shahnaz was divorced by her husband and used to reside with the complainant. Nazma (P.W. 3) was unmarried. The complainant Mohd. Nabi had married with the deceased in December, 1964. The deceased Smt. Ishrat Jahan had no issue. The complainant Mohd. Nabi (P.W. 2) sold about 1000 yards of land to Israt Jahan in the year 1967 and had executed a sale deed with regard to the said land. The said land was situate towards the west of the house of the complainant. It was lying vacant and was surrounded by a boundary wall. Rafiq and Yasin were living in separate houses at a distance of about 20-25 paces from the house of the complainant. The complainant was fighting out a case in respect of 200 yards of land with accused Rafiq since about two months prior to the date of occurrence of this case. The com-plainant had filed a suit for issue of injunction order. The said suit was dismissed. Rafiq had thr-eatened the complainant with dire consequences with regard to the said case about which the deceased Smt. Ishrat Jahan had submitted an application to the Superintendent of Police Shahjahanpur. The complainant was working as Office Superintendent in the Ordnance Factory at Shahjahanpur at the time of occurrence of this case. His duty hours were from 7.30 a.m. to 5.15 p.m.

(3.) The incident of this case took place on 15-9-78 at about 11.45 a.m. inside the house of the complainant Mohd. Nabi wherein the complainant's own son Sharif had committed the gruesome murder of the complainant second wife Smt. Ishrat Jahan who was then aged about 45 years by means of sword with the instigation and conspiracy of his associates Rafiq and Yasin. The complainant Mohd. Nabi (P.W. 2) was informed about this incident when he was going to offer Namaz during lunch hours at about 12-12.30 noon near the courts at Shahjahanpur. He immediately rushed to his house and found his wife dead lying in a pool of blood. His daughter Nazma (P.W. 3), Sahnaz and daughter-in-law Hamida (P.W. 6) were sitting in the said Kothri where the deceased was lying. They all informed that accused appellant Sharif had committed the gruesome murder of the deceased at the instigation of Rafiq and Yasin who were standing near the window of his house and were shouting to kill the deceased. The prosecution maintained that the accused-appellant Sharif first sprinkled the acid on the deceased and then killed her by means of a sword. The complainant took the deceased to the hospital where she succumbed to her injuries. He sent a telegram to the Inspector Kotwali, Shahjahanpur and thereafter he lodged a written report Ext.Ka. 3 on the basis of which the machinery of law was set into motion.