MOHAMMED ALI @ ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been preferred on behalf of appellant viz., Mohammed Ali @ Ali (herein after called "Ali") s/o. Mohammed Abdul Salam, under Section 374 of the Code of Criminal Procedure, 1973 against the judgment of conviction and order of sentence dated 27.03.2004 passed by the Court of Additional District & Sessions Judge, [Fast Track] No.1, Ajmer, in Sessions Case No.2/2004.

(2.) Anwar Mohammed (PW-11), first informant had rented out a room to the present appellant on second floor of his house. Smt. Rozi was another tenant on the ground floor. Accused was tenant in the house for the last three-years, whereas Smt. Rozi was tenant in the said house for the last around six-seven years. Anwar Mohammed was having his workshop/factory for making Zari near his house. On 11.11.2003 Kumari Razia @ Noori (PW-1) came to the workshop/factory of Anwar Mohammed (PW-11) and informed that Ali was beating Smt. Rozi. Since workshop/factory of the first informant was near to his house, he came running, and saw that in the room rented out to Smt. Rozi wife of Abdul Hasan, Mohammed Ali, present appellant, a tenant on the second floor was causing her injuries with knife. The wife of first informant, his brother Naushad and other tenants were making efforts to save Smt. Rozi from Mohammed Ali @ Ali, the accused, but he was again and again giving knife blows to Smt. Rozi. Smt. Rozi was lying fallen in an injured condition near the place meant for washing clothes. Ali had given knife blows on her chest, back and hand; and various parts of her body and the blood was oozing from there. Complainant Anwar Mohammed (PW-11), Mohammed Naushad (PW-12), wife of first informant and other tenants apprehended Ali, the present appellant.

(3.) Smt. Rozi was taken to the Victoria Hospital, where Doctor declared her dead. The wife of first informant/ complainant and her brother informed him that in the morning a quarrel had taken place between Smt. Rozi and Ali. The husband of Smt. Rozi had gone out of the house. Smt. Rozi was having illicit relations with Ali. Smt. Rozi had told the accused that though he professes love to her, but roamed with other women. Due to this dispute, Ali caused murder of Smt. Rozi with knife. The dead-body was lying in the hospital when the complainant informed the Police.