Kanwaljit Singh Ahluwalia, J. - (1.) MAJID @ Manjan was sent for trial by the investigating agency for having caused murder of Smt. Sharifan @ Sharifunnisa on 13.7.2007 at 6.00 AM in his own residential house at Abdulla Khan Ki Street, Ward No. 14, Rajban, Tonk. Case of the prosecution is that the appellant has caused injuries on the person of deceased with iron Sabbal. The Court of Additional Sessions Judge (Fast Track) No. 1, Tonk vide impugned judgment dated 29.7.2008 held the appellant to be guilty of offence under Section 302 IPC and sentenced him to undergo life imprisonment and pay a fine of Rs. 3000/ -, in default thereof to undergo one year rigorous imprisonment.
(2.) STATEMENT (Ex. P.7) made by Saddam (P.W. 5) son of the deceased was recorded. In the said statement he claimed that the occurrence was witnessed by him alongwith Zakira (P.W. 9) step daughter of the appellant. Saddam (P.W. 5) in his statement (Ex. P.7) stated that he is illiterate. He alongwith his mother Sharifunnisa was staying in Badwali Haveli on rent. Majid @ Manjan aged 35 years, r/o Rajban, Tonk often used to visit her mother. A day before the occurrence on 12.7.2007 at about 7.00 PM Saddam (P.W. 5) alongwith his sister Rukhsar aged three years and mother Sharifan @ Sharifunnisa had gone to the house of Majid @ Manjan to ask welfare of the mother of accused -appellant. In the night after taking meals, they stayed in the house of the accused. In the morning at about 6.30 AM when her mother Sharifan @ Sharifunnisa was about to take tea, accused Majid @ Manjan caught hold of her hand and dragged her inside the house and had bolted the door of the room. Mother of the informant Saddam (P.W. 5) told the accused that she will go back to the house upon which Majid @ Manjan stated as to how she will go and saying so, he picked up a thick iron rod and caused 4 -5 blows on the head of Sharifan due to which she fell on the ground, when Saddam (P.W. 5) stepped forward to save his mother, the accused gave him a kick blow. The witness further stated that at the time of beating his mother, except Majid @ Majan, nobody was present. Lot of blood due to oozing from the injury had splashed on the floor. Zakira had put ash on the blood. The occurrence was only witnessed by Saddam (P.W. 5) and Zakira (P.W. 9) as nobody else was present. Then suddenly Kajal Sahab @ Mohammad Saeed, father of the accused came. The informant alongwith Kajal Sahab brought his mother in a tempo to the hospital and during treatment, his mother had expired.
(3.) ON the basis of the above statement (Ex. P.7), formal FIR (Ex. P.8) bearing FIR No. 185/07 was registered at P.S. Kotwali, Tonk for offence under Section 302 IPC. The case was committed to the Court of Sessions and was entrusted for trial to the court of Additional Sessions Judge (Fast Track) No. 1, Tonk. The said court charge -sheeted the accused for offence under Section 302 IPC. Accused pleaded not guilty and claimed trial.;