Mrs. Poonam Srivastav, J. - (1.) THE sole appellant Daud has preferred this appeal against the judgment dated 24.8.2000 in S.T. No. 196/99, State v. Daud convicting him under Section 302, I.P.C. and sentencing him to undergo rigorous imprisonment for life and fine of Rs. 2,000. In default of payment of fine, further sentence of six months is awarded.
(2.) THE story unfolded by prosecution is that the deceased Saleem, bother-in-law of the appellant Daud and Salma, wife of Daud were done to death by the appellant on 8.10.1998 at 11.45 a.m. in his own house situated in mohalla Khalapar, Police Station Kotwali, Muzaffarnagar. THE appellant was a truck driver. Salma was married to the appellant three years prior to the date of occurrence. THE first informant Sayeeda Begum, mother of the deceased had come to her daughters house alongwith her son (deceased) and younger daughter Sayama a day prior to the date of occurrence, i.e., 7.10.1998. THE appellant returned from his truck on the date of occurrence, his wife Salma (deceased) told her husband that she had taken loan of Rs. 20 from her neighbour Idrish, son of Mahmood. Daud got infuriated after he came to know that Salma had taken loan from Idrish, he started hurling abuses and beating her. THE appellants brother-in-law Saleem tried to intervene, Daud did not like his brother-in-law's intervention and gave knife blows to Saleem. Salma tried to shield and save her brother but she was also attacked by her husband which resulted in a number of incised injuries, both brother and sister fell down and succumbed to his assault. This was witnessed by her mother Sayeeda Begum and her younger daughter Sayama. both started making hue and cry, on hearing their shrieks a number of neighbourers arrived at the scene of occurrence, Daud ran away alongwith the weapon of assault which was a knife. The first information report was lodged by Sayeeda Begum, the mother of the two deceased on the same day at 13.15 hours at Police Station Kotwali Sadar, Muzaffarnagar situated at a distance of two kilometres. The said report was registered at Case Crime No. 374 of 1998 (Exhibit Ka-1). The scribe of the F.I.R. is one Shamim Ahmad The investigation was taken over by S.I. B. K. Singh. The inquest of both the dead bodies was conducted by the Investigating Officer and the dead bodies were sent for post mortem to the District Hospital, Muzaffarnagar. Post mortem on the body of the deceased Saleem was performed on 9.10.1998 at 2.00 p.m. by P.W. 4 Dr. P. C. Jain. The Post Mortem Report of the deceased Saleem is Exhibit Ka-4 and Post Mortem Report of the deceased Salma is Exhibit Ka-5. Following ante-mortem injuries were detected by the doctor on the body of Saleem. ANTE MORTEM INJURIES : (1) Two incised wound 2 cm. x 1/2 cm. x muscle deep and 1-1/2 cm. x 1/2 cm. x muscle deep, 1/2 cm. apart of each other on the left side upper part of neck just behind lobule of left ear. (2) I.W. 3 cm. x 1/2 cm. x muscle deep on left side neck 5 cm. below injury No. (1) . (3) I.W. 2-1/2 cm. x 1 cm. x chest cavity deep on the front of mid line upper part of chest just below supra sternal notch (passing through inter space of 2nd and 3rd rib) . (4) Abrasion 5 cm. x 2.5 cm. on the front of left side chest 10 cm. below left nipple. (5) I.W. 1 cm. x 1/2 cm. x muscle deep on back of left upper arm (upper arm) 4 cm. above left elbow joint. (6) I.W. 3-1/2 cm. x 1-1/2 cm. x muscle deep on the right side back of chest just below upper angle of Rt. scapula. (7) I.W. 2-1/2 cm. x 1 cm. x chest cavity deep on the back of right side chest 8 cm. below lower angle of right scapula. The wound is passing through the inter space of 7th and 8th rib. (8) I.W. 2 cm. x 1 cm. x muscle deep in the mid line back of chest, 3.5 cm. lateral to injury No. (7). (9) I.W. 2-1/2 cm. x 1 cm. x chest cavity deep on the right side back of chest 10 cm below injury No. (8). The wound is passing through the inter space of (8th and 9th rib). (10) I.W. 1-1/2 cm. x 1 cm. x muscle deep on the left side back of chest, 6 cm. below lower angle of left scapula. Sd. Illegible 9.10.98. Cause of death was shock and haemorrhage due to ante-mortem injuries.
(3.) POST mortem of Salma was performed by the same doctor on the same day at 2.00 p.m. and following ante-mortem injuries were found on her body : ANTE MORTEM INJURIES : (1) Incised wound 3 cm. x 1 cm. x muscle deep on the right side in front of axillary fold 6 cm. below front top of Rt. shoulder. (2) Incised wound 2-1/2 cm. x 1 cm. x cavity on the front of right side chest 12 cm. below from Rt. nipple at 5 O'clock position. The wound is passed through inter shace of 9th and 10th rib. (3) I.W. 2-1/2 cm. x 1 cm. x abdominal cavity deep on the left side front of abdomen, 7 cm. above from umbilicus at 1 O'clock position. (4) I.W. 1-1/2 cm. x 1 cm. x muscle deep on the front of upper part of left thigh 12 cm. below from left iliac crest. The appellant Daud was arrested on 18.10.1998 and his statement was recorded by the Investigating Officer. He confessed his guilt and also got the knife recovered from his house in presence of the witness Anwar and Idrish. Recovery memo was prepared which was duly signed. Recovery memo is Exhibit Ka-2.;