SHEIK ABDUL KADIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant case, the appellant, Sheikh Abdul Kadir S/o Sheikh Abdul Gaffar, resident of District Rangareddy, Hyderabad (Andhra Pradesh) was performing the duties as Khidmatgar at Madaar Jindashah Madaar Tekri, Kundan Nagar, Ajmer. As it has emerged in the evidence that the Shah Madaar, Kundan Nagar Pahari commonly called as Jindashah Baba Ki Madaarshah was on the top of the Hill. The appellant Sheikh Abdul Kadir used to stay there. Another devotee of the Madaarshah, namely Chand Ali on 10.04.2005 left for Madaarshah (herein after to be referred as the 'Madaar'). On 11.04.2005 his dead-body was found. Chand Ali, who was aged about sixty-five years, had suffered an injury near the left ear. The blood was oozing out of the injury, as a result thereof, the bedding pillow <SLINK_NO>1</SLINK_NO> and clothes of deceased were stained with blood. At the place of occurrence, stone used for causing injury was also recovered. In pursuance of the disclosure statement made by accused-appellant, a metallic tongs <SLINK_NO>2</SLINK_NO> and piece of vest <SLINK_NO>3</SLINK_NO> were recovered. At the time of his arrest, lungi and Jacket worn by accused-appellant were also stained with blood. The cover of pillow <SLINK_NO>1</SLINK_NO>, mattress <SLINK_NO>4</SLINK_NO>, stone, kurta and payajama worn by deceased, metallic tongs <SLINK_NO>2</SLINK_NO> and vest <SLINK_NO>3</SLINK_NO> recovered from appellant and the Jacket worn by appellant all contained human blood, group 'AB'. The lungi of the appellant was also stained with human blood. The blood on the aforesaid articles recovered from the appellant tallied with the blood group of the bedding and the clothes worn by the deceased.

(2.) The Court of Additional Sessions Judge, No.1, Ajmer, came to a conclusion that prosecution has succeeded to complete the chain of circumstances to prove guilt on the part of accused-appellant and, thus, convicted the present appellant for causing murder of Chand Ali, vide its impugned judgment dated 29.06.2006 for offence punishable under Section 302 I.P.C.

(3.) Having convicted the appellant for offence punishable under Section 302 of Indian Penal Code, vide a separate order of even date, the Court of Additional District & Sessions Judge, No.1, Ajmer, sentenced him to life imprisonment and to pay a fine of Rs.500/. In default of payment of fine to further undergo one month simple imprisonment.