MOHAMMAD RAFIQ,J. - (1.) This appeal has been preferred by accused-appellant Muslim son of Habib, challenging judgment dated 31.07.2012 passed by the Additional Sessions Judge (Fast Track) No.1, Jhunjhunu, in Sessions Case No.3/2011 (162/2009) (157/09), where under he has been convicted for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and fine of Rs.2000/- (Rupees two thousand).
(2.) Briefly stated the facts of the case are that a written report was submitted by one Iqbal S/o Ibrahim at Police Station Kotwali, Jhunjhunu, on 02.09.2009 alleging therein that on 02.09.2009 at about 8:30 PM upon hearing hue and cry, his mother Ajijan W/o Ibrahim, aged 70 years, came out of her house and found that the accused had caught hold of a girl. He was having a broken bottle of glass in his hands. She ran towards him and tried to free the girl from his clutches, but accused-appellant Muslim S/o Habib attacked her with the broken bottle with an intention to kill and stabbed her 5-7 times. On hearing the noise, other residents of the colony came there and over powered the accused Muslim and also informed the police. An ambulance was called and she was taken to the hospital. Her condition was quite critical. She was still unconscious. It was alleged that accused-appellant Muslim had also caused injury to one more person, who ran away for fear of his life.
(3.) The police on receipt of aforesaid written report, lodged regular First Information Report No.320/2009 for offence under Section 307 of the I.P.C. and commenced investigation. During treatment, Ajijan succumbed to injuries on 06.09.2009 and the case was converted into one for offence under Section 302 I.P.C. and body of the deceased Ajijan was subjected to postmortem. On the conclusion of the investigation, the police filed a charge-sheet against the accused-appellant. The trial court, vide order dated 03.03.2011, framed charge against the accused-appellant for offence under Section 302 I.P.C. The accused denied the charges and claimed to be tried. The prosecution, in support of its case, examined 14 witnesses and exhibited 18 documents. The accused appellant, in his examination under section 313 of the Code of Criminal Procedure, denied the allegations that he had committed any offence and took a defence that he was suffering from mental disorder for the last 10-15 years and therefore was unable to comprehend the consequences of his action. Learned trial court, however, by the impugned judgment and order, convicted and sentenced the accused-appellant as indicated above.;