ASHRAF Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), being aggrieved by the judgment dtd. 03/02/2011, passed by Additional Sessions Judge, Agar, District-Shajapur in S.T. No. 118/2010, whereby the learned trial court has convicted and sentenced the appellant as under:-

(2.) Prosecution case in brief is that the deceased Razia Bee was daughter of Rani Bee (PW/4). Earlier Rani Bee (PW/4) was married to Chhotu Khan. Deceased Razia Bee was the daughter from the wedlock of Rani Bee (PW/4) and Chotu Khan. After death of Chotu Khan, Rani Bee (PW/4) remarried with Bhuru Khan and since then she was living separately in Multani Mohalla, Hatpura, Agar, DisttShajapur with her husband Bhuru Khan. Since childhood deceased Razia Bee had been living with her maternal grandparents (hereinafter referred to as grandparents), Sattar Khan (PW/5) and Saida Bee (PW/2). Sarfaraz Khan (PW/1) is maternal uncle of the deceased.

(3.) The appellant Ashraf lives in the neighbour of the place where deceased used to live. The appellant was married and has children. He wanted to marry with deceased Razia Bee but the grandparents had refused for the proposal of the marriage because of which he was pressurizing her grandparents. 8-10 days prior to the incident, the grandparents of the deceased had got the engagement of the deceased Razia Bee done in village Karnawat. In response appellant Ashraf said that if Razia would not marry him, he will not let her marry with anyone. At the time of incident, preparation for marriage of deceased was being carried on. In consonance with the foregoing reasons, on 14/03/2010 at about 04:30 PM, deceased was cleaning clothes, the appellant entered in the house of Sattar Khan (PW/5) carrying a knife and intended to kill the deceased. The appellant repeatedly stabbed her with a knife. Sarfaraz Khan (PW/1) tried to intervene, then appellant also inflicted blows upon him with knife. Saida Bee (PW/2) and Irshad Khan (PW/3) also came to rescue her. Thereafter appellant fled away. Deceased Razia Bee was taken to hospital where she died.