SADDIQ MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the order and judgment of conviction passed on 25-5-95 by learned Additional Sessions Judge, Bhilwara in sessions case No. 104/90 convicting the appellant accused under Sec. 302 of the

(2.) With the assistance of the learned counsel for the accused and the learned Public Prosecutor, we have scrutinised the record of the case and have reappreciated the evidence on record.

(3.) The prosecution story stated briefly is that; the accused Saddiq Mohammed was married to one Shamim from Jahajpur and there were differences in the marital life, with the result that Shamim was staying with her mother Smt. Bano. The accused Saddiq Mohammed wanted to take Shamim to the marital home in Ajmer District. It is alleged then by the prosecution that on 17-8-90 in the night, the accused went to the house of wife Smt. Shamim, where she was staying with her mother Smt. Bano, sister Smt. Nasim and brother Ansar Mohammed and tried to persuade her to return to the marital home. He then requested Smt. Shamim to come on to the terrace of the house to further discuss the matter and accordingly, the accused and Smt. Shamim went to the roof, some time thereafter, cries of Shamim were heard by her brother Ansar Mohammed, Smt. Bano and Naseem, they therefore, went to the terrace and saw the accused inflicted injuries on the persons of Smt. Shamim with a knife. Both Smt. Nasim the sister and Smt. Bano tried to intervene and they received stab wounds in the process. Similar wound was received by Ansar Mohammed on his intervention. Both Shamim and Nasim fell unconscious thereafter, and were removed to the hospital.