Judgment V.G. Palshikar, J.-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 Section 302 of the Indian Penal Code to suffer imprisonment for life, the appellant accused named above has preferred this appeal on the ground mentioned in memo of appeal. He assails the order of conviction as unsustainable in law on several grounds raised by the learned counsel during the course of the arguments. 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. 4. On hearing the commotion and shouts from the house of Smt. Bano, neighbours rushed there to find Nasim bodily injured and lying on the floor. They therefore, rushed to the roof to find Shamim lying there on the floor and accused loitering near about. The neighbouring witnesses also found the accused having stabbed injury and suffering bleeding.
4. On hearing the commotion and shouts from the house of Smt. Bano, neighbours rushed there to find Nasim bodily injured and lying on the floor. They therefore, rushed to the roof to find Shamim lying there on the floor and accused loitering near about. The neighbouring witnesses also found the accused having stabbed injury and suffering bleeding. Thereafter, women were removed to the hospital, where on arrival, Nasim and Shamim were pronounced dead and Bano was advised to take medical treatment at Bhilwara Hospital. Information was also received by the Police and they reached the hospital where entire incident was narrated to the Police and first information report was recorded. After the investigation, the accused has been prosecuted and claimed to be tried. 5. Theprosecution examined as many as 14 witnesses in support of its case that it was the accused who committed the murder. On appreciation of this oral evidence, the learned Additional Sessions Judge, Bhilwara came to the conclusion of guilt as aforesaid and recorded the order of conviction. It is this order which is assailed before us by the learned counsel for the appellant-accused on several grounds which he raised during the course of arguments after the evidence was reconsidered. It was the contention of the accused that he has been wrongly implicated by the family of his wife as they desired that he should divorce Shamim, so that she can be married again in rich family in Saudi Arabia. Unfortunately for the accused, there is no explanation for this kind of presumption. It is not a case of the accused that it was for these reasons that they quarrelled and the wife remained separately. It was then contended by the learned counsel that the evidence of the witnesses does not inspire confidence and is definitely concocted to implicate the accused when factually it was the member of the family of Shamim who assaulted the accused. Again unfortunately for the accused, there is no explanation of this kind nor there is any allegation by the accused that he was sought to be assaulted by these persons to the police. There is no explanation whatever or even suggestion as to how if these are facts, the sisters of the assailants got killed and the mother and brother of the deceased Shamim also sustained injuries. The contentions as raised by the learned counsel therefore, are unacceptable. 6.
There is no explanation whatever or even suggestion as to how if these are facts, the sisters of the assailants got killed and the mother and brother of the deceased Shamim also sustained injuries. The contentions as raised by the learned counsel therefore, are unacceptable. 6. P.W. 1 Ansar Mohammed is the brother-in-law of the accused and brother of the deceased Shamim and Nasim. He is an eye-witness to the incident. He saw the accused giving knife blows to the deceased. He speaks of injuries given to the mother and himself while they tried to intervene and save their sisters. He speaks of their being taken to the hospital and they were pronounced dead. He also talks of hearing that the accused stabbed himself after stabbing his own wife. This witness has been extensively cross-examined but the entire examination is inconsequential. The deposition of P.W. 1 Ansar Mohammed has a genuine ring of truth around it, his deposition is natural and he has given reasonably well particulars about the assault by accused on Shamim, Nasim, Bano and the witness. 7. Thetestimony of P.W. 2 Bano who is mother-in-law of the accused fully corroborates the testimony of P.W. 1 Ansar Mohammed. The corroboration is available on all material particulars and the mother also states that she saw the accused stabbing Shamim and on intervention by Nasim, stabbed Nasim as also stabbed her and P.W. 1 when they tried to save the deceased. The testimony of this witness read with that of the P.W. 1 thus brings out duly corroborated story of the accused assaulting the deceased. 8. P.W. 3 Bashir Mohammed is the neighbour who went to the terrace on hearing commotion and saw the accused holding the knife and his wife lying around. He took the knife away from” the accused which he later on handed over to the Police vide Ex. P. 4 which is seizure memo prepared by the Police in the hospital. This witness has appeared on the scene of occurrence immediately after the incident took place and his description as it existed then he also materially corroborates the deposition of PW. 1 and 2. In so far as the manner of occurrence is concerned, he saw both the injured persons, he saw that Nasim and Shamim were severely injured and was a party to take them to hospital. 9.
1 and 2. In so far as the manner of occurrence is concerned, he saw both the injured persons, he saw that Nasim and Shamim were severely injured and was a party to take them to hospital. 9. P.W. 4 Mohammed Rafique is yet another neighbour who went to the site after hearing commotion and saw the accused with the knife and the deceased lying around. He states that he saw PW. 3 taking the deceased to the hospital. He thus, corroborates the testimony of Bashir P.W. 3. Similar is the deposition of PW. 6 and 7 Nasif and Islam who came on the scene of occurrence immediately after the assault and duly corroborated the eye-witnesses on all particulars that they saw after they reached at the scene of occurrence. There is thus, enough corroboration on record for coming to the conclusion that it was the accused alone who stabbed the deceased Nasim and Shamim. 10. P.Ws. 10 and 11 are the Doctors who prove homicidal death of Smt. Nasim and Shamim that the death occurred due to stabbing and that it was homicidal death of these persons. The prosecution has thus, proved the guilt of the accused beyond reasonable doubt. There are witnesses who saw the accused stabbing the deceased. The knife with which he stabbed them is duly seized. The very fact that the accused in a fit of remorse stabbed himself proves beyond reasonable doubt at the scene of occurrence as also participation in assault. The learned Judge has not therefore, committed any error in recording the order of conviction and sentencing the accused for imprisonment for life as has been done by him. The entire appeal is devoid of any substance and the same is therefore, dismissed.