MOHAMMAD NAZIR Vs. STATE OF H P

JUDGEMENT

(1.) The above titled appeals are arising from the judgment of conviction passed by the learned Additional Sessions Judge, in a Sessions trial decided on 25th September, 2007, whereby the appellants were sentenced under Section 302 read with Section 34 Indian Penal Code for committing the murder of one Gafur Mohammad.

(2.) The prosecution case, as emerges from the prosecution evidence can be summed up thus. Appellant Hasmat Bibi was the wife of Gafur Mohammad (deceased). They had four daughters, namely, Bal-Kisha Bibi (co-appellant) and Khurshida, PW-1 Mukhtiar Bibi and PW3 Bholan Bibi and a son PW5 Likayat Ali. Bal-Kisha Bibi was married to appellant Sardar Deen. PW5 Likayat Ali was married but was residing separately whereas unmarried daughters,namely, Bholan Bibi and PW1 Mukhtia Bibi at that time were residing with their parents. Appellant Hasmat Bibi used to take her daughter PW3 Bholan Bibi to an exorcist appellant Mohammad Nazir to which her deceased father used to object. This caused frequent quarrels and tension in the family. However, after the quarrels, some compromise used to be effected. Hasmat Bibi wanted Bholan Bibi to marry with the nephew of appellant Mohhamad Nazir alias Chinda but the deceased did not agree and put her off on one pretext or the other.

(3.) On 17th July, 2006 at about 9.40 a.m., A.S.I. Chain Singh informed PW12 Inspector Ambiya Ram, Police Station, Indora about a telephonic information having been received that Gafur Mohammad had been murdered by some unknown persons and this information was incorporated in the daily-diary Ext. PW12-A. Thereafter he proceeded to the spot along with ASI Harpal Singh, HHC Rachpal and lady Constable Sandeep Kaur in the official vehicle. On reaching the spot, he recorded the statement Ext. PW5/A of PW5 Likayat Ali under Section 154 of the Code of Criminal Procedure who had just returned from the house of his in-laws where he had gone a day earlier. He was informed by Tej Singh son of Prem Singh telephonically that his father had been murdered. On this information, he rushed to his village and found the dead body of his father lying in the compound of the house, having bleeding injuries caused by dandas and daratis. Clothes which were worn by his father were allegedly changed. There was blood all over the compound and the broken bangles were also lying on the floor. The cot was smeared with blood. PW5 suspected the appellants in causing the murder of his father.