NOOR MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant-Noor Mohammad was indicted before the learned Sessions Judge Ajmer in Sessions Case No. 99/96 for having committed murder of his wife Smt. Noorjahan. Learned trial Judge found him guilty and convicted and sentenced him for the offence u/s. 302 Penal Code to undergo imprisonment for life and fine Rs. 500.00, in default further undergo one month simple imprisonment. The said judgment of conviction has been assailed by the appellant in the instant appeal.

(2.) As per prosecution case Sumer Singh, ASI, Police Station Ganj Ajmer on 22.6.1996 at around 5.30 p.m. recorded Parcha bayan of Noorjahan (now deceased) while she was admitted in Ajmer hospital. In parcha bayan Ex.P/15, Noorjahan deposed that around 3.30/4.00 p.m. she was outside of her house and standing on the road. Her husband Noor Mohammed (appellant) was annoyed with her as she instituted a report some fifteen days ago against him with the police for his ill-treatment with her. She did not want to reside with her husband. Infuriated by this Noor Mohamad inflicted two knife-blows on her stomach, as a result of which she fell down and her Mohallewalas took her for cure.

(3.) The Police Station Ganj, Ajmer registered a case u/s. 307 Penal Code and investigation commenced. In the course of investigation police recorded the statements of witnesses, drew site plan, injuries sustained by Smt. Noorajahan were medically examined. After her death, case was converted u/s. 302 Penal Code and autopsy on her dead body was conducted. The appellant was arrested on 2.8.1996 and recovery of knife was made. On completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Sessions Judge, Ajmer. Charge u/s. 302 Penal Code was framed. The appellant denied the charge and claimed to be tried. the prosecution examined as many as 17 witnesses in support of its case. In her statement u/s. 313 Crimial P.C. the appellant claimed innocence. No defence evidence however was adduced. On hearing final submissions the learned Sessions Judge found the appellant guilty and convicted and sentenced him as indicated herein above.