YUSUF ALADEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This jail appeal has been directed against the judgment dated 9-9-1997 passed by learned Sessions Judge, Merta in Sessions Case No. 17/95, by which accused appellant Yusuf Aladeen has been convicted for offence under Section 302, IPC and sentenced to life imprisonment with a fine of Rs. 500/- and in default to undergo three months rigorous imprisonment.

(2.) Accused appellant Yusuf has stabbed his own nephew Sanu aged about five years on 13-5-1995 at 9.30 AM. at the house of deceased because even at the age of 32 years he could not be married and wanted a bride in exchange of sister Khurshida PW-1. But deceased Sanus mother got the marriage of Khurshida arranged with her own brother about a month before the occurrence. Khurshida PW-1 was the solitary witness of the occurrence who disclosed it to Salim sitting on his vegetable shop who came on the spot and took injured Sanu to the local hospital. But after first aid Sanu was referred to L.S.M. Hospital, Makrana for further treatment but died on the same day at 11.20 AM.

(3.) PW-10 Dr. Man Singh Gehlot sent the message to the Station House Officer, Makrana who came on the spot where Ex. P/9 written report was handed over to him at 11.30 AM. The autopsy was done on the dead body by Dr. Gehlot. Accused appellant, was arrested on the same day at 4.45 P.M. vide arrest memo Ex. P/b. He gave a disclosure statement Ex. P/17 at 4.30 P.M. on the next day and got a knife recovered on 16-5-1995 from the residential house vide seizure memo Ex. P/i which was sealed then arid there.