NISAR AHMAD @ BABLU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated April 16, 2002 of the learned Additional Sessions Judge No. 1 (Fast Track) Jaipur City, whereby appellant was convicted and sentenced under section 302 Penal Code to suffer imprisonment for life and fine of Rs. 100.00, in default to further suffer rigorous imprisonment for one year.

(2.) It is the prosecution case that on July 8, 2001 around 11 PM. informant Abdul Salam (PW.1) submitted a written report (Ex.P-1) at Police Station Kotwali Jaipur to the effect that his son-in-law Jahiruddin who was residing with him, was attacked with Chhurri (knife) by his son Nisar (appellant). Jahiruddin became unconscious and was removed to hospital. On that report a case was registered under section 307 Penal Code and investigation commenced. During the course of treatment injured succumbed to his injuries and section 302 Penal Code was added. Autopsy was performed, necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1, Jaipur City, Jaipur. Charge under section 302 Penal Code was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 14 witnesses. In the explanation under Sec. 313 CrPC, the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated hereinabove.

(3.) Death of Jahiruddin was concededly homicidal in nature. As per Post Morem report (Ex.P-30) following antemortem injuries were found on the dead body :