ANWAR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 12. 1. 99 passed by the learned Additional Sessions Judge No. 1, Jaipur City, Jaipur in Sessions Case No. 53/97 whereby the appellant Shri Anwar Hussain was convicted and sentenced under Section 302 IPC to undergo life imprisonment and a fine of Rs. 1,000/-, in default to further undergo three months Simple Imprisonment.

(2.) BRIEFLY, narrated the prosecution story is that on 13. 10. 97 at 3 p. m. PW. 1 Mohammed Muslim lodged a written report Ex. P. 1 at Police Station Ramganj, Jaipur with the averments that his cousin brother Shri Mohammed Aziz (since deceased) was living with him in Balaji Ki Kothi. A sum of Rs. 23,000/- as price of precious stones was due against Anwar Hussain. Mohammed Aziz demanded his money on various occasions and on such demand one month earlier, Anwar Hussain being annoyed threatened to kill Mohammed Aziz. At about 1. 45 p. m. on 13. 10. 97, Mohammed Aziz alongwith Mohammed Muslim-informant and Manjoor Ali PW. 9 was going to the house of Anwar for making a demand of this money. They found Anwar standing over a road divider infront of Madina Hotel. Over making a demand by Mohammed Aziz, Anwar started abusing and on asking not to abuse, he took out a naked Katar from his trouser's pocket and with intent to kill inflicted Katar blow upon the right thigh of Mohammed Aziz. Consequently, Mohammed Aziz fell down. Shri Anwar ran away alongwith the Katar. They brought Mohammed Aziz to S. M. S. Hospital where he was declared dead by the Doctor.

(3.) PW. 1 Mohammed Muslim-cousin brother of deceased Mohammed Aziz stated that the deceased Mohammed Aziz and accused Shri Anwar were having transactions of precious stones and a sum of Rs. 23,000/- was due against accused Anwar and on account of non- payment of this amount by accused, enmity existed between them. On 13. 10. 97 at about 1. 30/1. 45 p. m. , Mohammed Aziz alongwith him and Manzoor Ali was going to the house of Anwar for recovery of the said amount. Anwar was found standing on divider infront of Haveli. On making a demand by Mohammed Aziz, Anwar started abusing him. When asked not to abuse, he took out a Katar from his trouser's pocket and tried to inflict injury upon chest but injury was caused upon the right thigh of Mohammed Aziz and accused Anwar ran away with Katar. They took Mohammed Aziz to S. M. S. Hospital, where he was declared dead by the doctor. He submitted the report Ex. P. 1. He has been cross-examined in detail. It was admitted by him in cross-examination that PW. 9 Shri Manjoor Ali was the friend of Mohammed Aziz. It was also stated that some shops were open at the place of occurrence and people were coming and going, but he did not know the name of those persons. So many persons were present there but he did not know their names. PW. 9 Shri Manjoor Ali Supported the testimony of PW. 1 Shri Mohammed Muslim. He was also cross-examined in detail. In cross-examination, he stated that he and Mohammed Aziz both were doing business of precious stones. It was also stated that 5 or 6 persons came to the place of occurrence but he did not know their names. It was also stated that their blood stained clothes were not taken by the police. Third eye-witness PW. 3 Deen Mohammed (not named in FIR Ex. P. 1), stated that he was coming upon his scooter from his house and was going to his shop and infront of Madina Hotel, Mohd. Aziz and Anwar were abusing each other and thereafter Anwar Hussain took out a Katar from his pocket and inflicted a blow upon his right thigh and ran away. Mohammed Aziz was taken to hospital by Muslim and Manjoor Ali and he himself went to his shop. In cross-examination, he stated that his shop is near the house of the deceased. He, contrary to his statement in examination-in-chief stated that the deceased was not abusing the accused, rather the accused was abusing him. He also denied this suggestion that since he is the tenant of deceased's uncle, he gave a wrong statement.