DAUD Vs. STATE OF U P

JUDGEMENT

(1.) THE sole appellant Daud has preferred this appeal against the judgment dated 24.8.2000 in S.T. No. 196/99, State v. Daud convicting him under Section 302, I.P.C. and sentencing him to undergo rigorous imprisonment for life and fine of Rs. 2,000. In default of payment of fine, further sentence of six months is awarded.

(2.) THE story unfolded by prosecution is that the deceased Saleem, bother-in-law of the appellant Daud and Salma, wife of Daud were done to death by the appellant on 8.10.1998 at 11.45 a.m. in his own house situated in mohalla Khalapar, Police Station Kotwali, Muzaffarnagar. THE appellant was a truck driver. Salma was married to the appellant three years prior to the date of occurrence. THE first informant Sayeeda Begum, mother of the deceased had come to her daughters house alongwith her son (deceased) and younger daughter Sayama a day prior to the date of occurrence, i.e., 7.10.1998. THE appellant returned from his truck on the date of occurrence, his wife Salma (deceased) told her husband that she had taken loan of Rs. 20 from her neighbour Idrish, son of Mahmood. Daud got infuriated after he came to know that Salma had taken loan from Idrish, he started hurling abuses and beating her. THE appellants brother-in-law Saleem tried to intervene, Daud did not like his brother-in-law's intervention and gave knife blows to Saleem. Salma tried to shield and save her brother but she was also attacked by her husband which resulted in a number of incised injuries, both brother and sister fell down and succumbed to his assault. This was witnessed by her mother Sayeeda Begum and her younger daughter Sayama. both started making hue and cry, on hearing their shrieks a number of neighbourers arrived at the scene of occurrence, Daud ran away alongwith the weapon of assault which was a knife.

(3.) POST mortem of Salma was performed by the same doctor on the same day at 2.00 p.m. and following ante-mortem injuries were found on her body : ANTE MORTEM INJURIES : (1) Incised wound 3 cm. x 1 cm. x muscle deep on the right side in front of axillary fold 6 cm. below front top of Rt. shoulder. (2) Incised wound 2-1/2 cm. x 1 cm. x cavity on the front of right side chest 12 cm. below from Rt. nipple at 5 O'clock position. The wound is passed through inter shace of 9th and 10th rib. (3) I.W. 2-1/2 cm. x 1 cm. x abdominal cavity deep on the left side front of abdomen, 7 cm. above from umbilicus at 1 O'clock position. (4) I.W. 1-1/2 cm. x 1 cm. x muscle deep on the front of upper part of left thigh 12 cm. below from left iliac crest.