NISAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated April 21, 1995 passed by the learned Additional Sessions Judge, Sikar whereby the appellant-Nisar has been convicted for offence u/sec. 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 1,000/-, in default of payment of fine to further undergo one year rigorous imprisonment. He has also been convicted for offence under Sec. 324 IPC and sentenced to undergo imprisonment for two years rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo six months rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that on receiving telephonic message on the interviewing night of September 18/19, 1994, PW-14 Samudra Singh, SHO, P. S. , Fatehpur reached at the house of the appellant situated in Ward No. 28, Fatehpur and recorded the statement of Ms. Jannat (PW-1) D/o Babu Khan S/o the appellant- Nisar Khan wherein she stated that at 7:00 p. m. , she alongwith other members of his father's family had gone to the house of her maternal Uncle Hazi Mohd. Ishaq for taking meals. THEy had come back at about 9. 00 p. m. THEreafter, they had watched T. V. serial. It was also alleged by Ms. Jannat in her statement that her grandfather- Nisar, who had been residing in a seperate room of the same house, used to harrass her mother. He had a evil-eye on her mother and wanted that his son's family should not reside in the house. Ms. Jannat further stated that just before the incident, her father was sitting on a cot (Charpai) in the courtyard and her mother was sitting on the floor of the courtyard. Her grandfather Nisar asked them as to why they were making noise and told them to go to sleep. Her father replied that they were going to sleep. THEreafter, her grandfather Nisar came out of his room having a "chhuri" and inflicted injuries on the person of her father. Her father fell down. Her mother made hue and cry and attempted to run away but she fell down. THEreafter, the appellant caused injuries with the "chhuri" on the person of her mother also. It was further stated by Ms. Jannat that when she tried to rescue her mother, the appellant inflicted injuries on her palm and abdomen and threatened her not to narrate the incident to anybody, otherwise she would also be killed. A little later, the appellant went out of the house after having put up a latch on the door of the house. THEreafter, she went to the roof of the house and made hue and cry, whereupon some neighbours came and opened the door of the house. It was further stated by her that she called her maternal Uncle through her younger brother Mubarak. Her maternal Uncle informed the Police on telephone about the incident. Her mother-Jeboon and father-Babu Khan died instantaneously. It was also stated that Arjun & Constable- Ali were amongst the persons, who had come at her house.

(3.) WE have heard the learned Amicus Curiae and the learned Public Prosecutor. Material on record has been scanned and scrutinized.