- (1.) K. S. Rakhra, J. Appellant Mahey Alam alias Mohd. Alam alias Raju, has been held guilty and sentenced to death penalty under section 302 IPC and to rigorous imprisonment for one year under section 4 read with section 25 Arms Act in Sessions Trial No. 356 of 2000 and 357 of 2000 tried together and decided by a common judgment dated 13. 2. 2007 by the Special Sessions Judge Court No. 3 J. P. Nagar. While the appellant has challenged his conviction and sentence awarded to him by preferring the appeal under section 374 (2) Cr. P. C. The Trial Court has made a reference under section 366 Cr. P. C. for confirmation of death penalty.
(2.) THE charge against the appellant was that on 30. 7. 2000 at about 8. 30 p. m. , he inflicted knife injuries to his brother's wife Hadeesa at her own house in Mohalla Ka-tra Ghulam Ali within the circle of police station Amroha Nagar of District J. P. Nagar and on account of the injuries so sustained, the victim died while being taken to the hospital. The prosecution story was that the deceased Hadeesa was married to appellant's brother Jaheer Ahmad about 10 years ago. She was living in her aforesaid house at first and second floor all alone along with her six years old daughter as her husband was working and living at Dubai for last eight years. On account of this, her brother PW-1 Mohd. Husain, who was residing at short distance, used to come and sleep at her house every night to provide her security The appellant, in view of the fact that his brother Jaheer Ahmad was living in Dubai and the deceased was living alone, developed a lustful desire to establish carnal relations with her thinking that she may be easily accessible. On the fateful day, the appellant who was living with his father in the adjoining house, went to the deceased and tried to pull off her Salwar. She resisted and raised cries whereupon, the appellant gave her repeated knife blows in the presence of her daughter Rukhsar a young girl of six years of age. The informant Mohd. Husain was as usual, coming to the house of the deceased for sleeping in the night when he heard her cries and noise at the door of the house. As he was climbing stairs with a torch in his hand, he saw the appellant coming out and running towards the roof with a knife in his hand. As there was no escape route available from the roof of the house, the appellant jumped from the roof to the roof of a godown in the adjoining premises and escaped. The complainant then went to the room of the deceased and found her lying in a pool of blood where Rukhsar narrated him the entire incident that had happened. He immediately managed to take the victim to the hospital but the doctors on seeing her, declared her to be dead.
(3.) A written report of the incident scribed by Khalikujjama, resident of Mohalla Chakli Amroha Nagar was given by Mohd. Husain to the police whereupon, crime No. 386/2000 under section 302 IPC was registered at police station Amroha Nagar. The investigation of the crime was commenced by PW-5 Devencjra Kumar who was present when the case was registered. He recorded the statement of the witnesses, examined torch of the informant, visited the place of occurrence and collected blood stains and plain flooring material from the room and deputed PW-9 Sri Rohtash Singh Sub-Inspector to make an inquest of the dead body. After the inquest and completion of necessary formalities and preparation of relevant document, the body of the deceased was sent for autopsy on 31. 7. 2000. The autopsy was performed and the doctor had found the following ten anti-mortem injuries on the body of the deceased: (i) Stab wound 2 cm. x 2 cm. size chest cavity deep on right side of chest and is 2 cm. below right clavicle. (ii) Incised wound 2x1 cm. size muscle deep present on right axilla, (iii) Incised wound 1. 5 x 1 cm. size muscle deep present on left of root of neck. (iv) Stab wound 2x1 cm. size chest cavity deep 5 cm. above left nipple. (v) Incised wound 2x1 cm. size muscle deep near left nipple on lateral side. (vi) Incised wound 2x1 cm. size muscle deep 2 cm. below left nipple. (vii) Stab wound 2x1 cm. size chest cavity deep 2 cm. below No. 6 injury, (viii) Stab wound 4 x 2. 5 cm. size chest cavity deep in apigastric region, (ix) Stab wound 3x1 cm. abdominal cavity deep 3 cm. below injury No. (x) Incised wound 2x1 cm. size muscle deep at palmar aspect of right hand at base of thumb. In the internal examination, both the lungs and pleura were found lacerated chest captivity contained 1. 5 Itrs of blood, both lungs and pleura were lacerated, both the chambers of heart were empty. Peritoneum and abdominal walls were lacerated and 1. 5 Itrs. of free blood was found in the abdomen. The lever was also lacerated. In the opinion of the doctor conducting autopsy, the cause of death was shock and haemorrhage due to anti-mortem injuries. The doctor further opined that these injuries could have been suffered by the victim on 30. 7. 2000 at about 8. 30 p. m. as claimed by the prosecution.;