Decided on November 11,1983

STATE OF DELHI Respondents


Aggarwal, J. - (1.)The appellant Naseer Ahmad along with his father Mohd. Umar was tried on the charge of murdering his step-brother Naseem Ahmad. Mr. G.S. Dakha, Additional Sessions Judge, found Naseer Ahmad guilty of the offence charged with and has sentenced him to imprisonment for life. Naseer Ahmad was also separately charged under section 27 of the Arms Act and was found guilty of the said offence and sentenced to rigorous imprisonment for one year. The sentence awarded under both the offences were ordered to run concurrently. Mohd. Umar was acquitted. Against his conviction and sentence Naseer Ahmad has come in appeal.
(2.)The prosecution case is this. Mohd. Umar with his family including the wife Shakeela (P.W. 1) and the sons Naseer Ahmad appellant and the deceased Naseem Ahmad resided at 313, Subzimandi Malkaganj, Road, Delhi. Shakeela is the second wife of Mohd. Umar. Naseer Ahmed is the son from Shakeela. Naseem Ahmad was the son of Mohd. Umar from his first wife. Shakeela has a daughter named Parveen. Parveen it seems, had complained to the mother that Naseem Ahmad had an evil eye on her. She in turn had brought this to the notice of her husband Mohd. Umar. Mohd. Umar told Naseem Ahmad not sleep on the roof.
(3.)On 20th April 1980 at about 9. p.m. Naseem Ahmad picked up a cot and wanted to go to the roof for sleeping. Naseer Ahmad objected to Naseem Ahmad going to the roof. On that there was some quarrel between the two. The prosecution case is that Naseem took out a knife and gave a blow with it to Naseem took out a knife and gave a blow with it to Naseer Ahmad. Shakeela intervened but Naseem pushed her away, in the result she fell down and broke the bangles worn by her in her hands. A neighbour named Ishrat attempted to catch Naseem but Naseem also caused some injuries to Ishrat. Shakeela had before the police stated that Mohd. Urnar had come and snatched the knife from Naseem Ahmad and given an injury on the neck of Naseem. (P.W. Shakeela in court did not support this part of her statement made before the police. She was declared hostile and was cross-examined. Shakeela denied to have made the said statement before the police).

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