MOHD SAZID ALIAS SAZID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated August 24, 1995 passed by the Additional Sessions Judge No. 1, Jaipur City, Jaipur, thereby convicting the accused appellant under Section 302 IPC and sentencing him to life imprisonment with a fine of Rs. 1000/-, in default thereof, to further undergo six months' simple imprisonment.

(2.) THE prosecution story, in nut shell is that on 11. 7. 94 at 1. 10 AM PW-2 Farooq elder brother of deceased Arif submitted a written report, Ex. P. 6 before PW-10 Kishan Lal Sub Inspector, Police Station Ramganj, Jaipur, alleging therein that during the night intervening 10/11. 7. 94 at about 11-11. 15, while he along with Bundu and Chand were sitting infront Dargah Adamshah near Julahon-ki-masjid and were talking together, on hearing noise, all of them rushed to the place and found that in A-von Milk Store, accused Sajid had caught the neck of Mohd. Arif. He asked as to what has happened, in the meantime, Sajid took out a knife from the right pocket of his trouser and stabed below the left ribs by saying that "aaj TERA KAM TAMAM KAR DETA HOON". As a result of stabbing, his intestines came out. He fell down and became unconscious. At that time, Sahid R/o Oonth-wala-mohalla was also with accused Sajid. Jalal and Abdul Rashid were also present at the place of occurrence. THE accused ran away inflicting knife blow. THEreafter, he alongwith Haji Jahir Ahemd took the injured to S. M. S. Hospital, Jaipur, where the doctors after examining the injured, declared him dead.

(3.) AFTER completion of trial, hearing arguments of both the sides and perusal of evidence and material on record, convicted and sentenced accused appellant Sajid as aforesaid. Hence the present appeal by accused appellant.