KAMAR AHMED Vs. STATE OF M P

JUDGEMENT

(1.) Shamsh Ahmad (P. W. 6) was a resident of village Bawalia in Raisen district. He was an old man of 78 years. He had married several times. Accused Kamar Ahmad was his son from his first wife. Accused Shamima Begum was the wife of accused Kamar Ahmad. Accused Shafiq Ahmad was son of accused Kamar Ahmad.

(2.) It appeared that for some reason there was bitter enmity between Shamsh Ahmad and his sons from his other wife on one hand and his son accused Kamar Ahmad from the first wife and members of the family of the said accused on the other. Accused Kamar Ahmad along with the members of his family lived in a separate house situated by the side of the house in which Shamsh Ahmad lived with the sons of his other wife. An idea about the location of the two houses can be had from map Ex. P-2 proved by Patwari Pannalal (P.W. 3) in the case.

(3.) It was established very clearly from the evidence produced in the case that a couple of days prior to the date of the incident when accused Kamar Ahmad had been away from the village the cattle of the said accused had strayed into the field of Shamsh Ahmad and two of the sons of Shamsh Ahmad from his other wife namely Ayyub Ahmad (P. W. 7) and Syed Ahmad had exchanged hot words with accused Kamar Ahmads wife and children and also indulged in zooma zapti and marpeet with them over the said matter.