YAQUB KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred to challenge the judgment dated 15.12.2003 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Udaipur convicting the accused-appellant for the offence punishable under Sec. 302 I.P.C. and 4/25 of the Indian Arms Act.

(2.) Learned trial Court on the basis of conviction aforesaid sentenced the accused to undergo life imprisonment with a fine of Rs. 5,000.00 and in default of that to further undergo six months' rigorous imprisonment. For conviction under Sec. 4/25 of the Indian Arms Act, the accused is sentenced to undergo one year rigorous imprisonment and fine of Rs. 1,000.00 and in default of payment of fine, further to undergo three months' rigorous imprisonment.

(3.) Briefly stated, facts of the case are that on 1.1.2003 PW-1 Mohd. Nazeer submitted a written report (Ex.P-2) at Police Station, Suraj Pole, Udaipur with assertion that he is having a residential accommodation at Kacchi Basti, Ward No. 24, House No. 674, Raja Nagar, Kishanpole. The accommodation aforesaid was rented to Yaqub Mohammed, wherein he was residing with his family from last about VA years. One man viz. Mushtak, who was working as a cook in some nearby hotel used to visit the house of aforesaid Yaqub quite often. On 1.1.2003, Smt. Haseena wife of PW-1 Mohd. Nazeer went to Yaqub's residence for collecting rent. She found that exit door of the house was closed. The door concerned was having certain blood stains. This information was given at Police Station Rang Niwas, therefrom, some police personnels came on the spot and in the presence of certain residents of the colony, lock was broken and on entering into the room, it was found that a dead body was lying there. The chopped neck wrapped in a plastic bag was also lying there. As per Ex.P-2, the informant was having a doubt about commission of murder by Yaqub. On basis of the information aforesaid, a case was lodged and investigation was initiated. During the course of investigation, certain recoveries were made, including recovery of a key from the accused as per Ex.P-15 and recovery of a knife, dhowana and electric wire. As per Ex.P-16, recovery aforesaid was made in the presence of PW-9 Chand Khan and Pw-11 Mohd. Sharif. Tire knife so recovered and clothes of deceased were sent for Serological examination to Forensic Science Laboratory, report of that is available on record as Ex.P-57. As per the report aforesaid, the knife and dhowana recovered at the instance of the accused were found blood stained with "B group of blood ", matching with the blood group of blood swab, blood stains found on 'lungi' of the deceased, chaddar found at the spot of occurrence and the plastic bags in which chopped neck was found on the spot.