Accusations which led to the trial of the accused are as follows Farzana Bi PW 4 was married to the appellant, but after about a year of their marriage, the appellant started drinking liquor and harassing her with the result her father Sheikh Qadir PW 1 fetched her back and sent her to the house of his brother in law at Bhusaval.
The deceased resented the companyduct of the accused and turned him out of the house.
The incident was also witnessed by Gopichand.
The appellant, therefore, tried to bring back Farzana Bi PW 4 , but Sheikh Qadir PW 1 refused to send her and stated that if the accused quits drinking, he will send his wife.
On the same day at about 8.30 PM, while Sheikh Qadir PW 1 and his brother in law Saleem hereinafter referred to as the deceased were in their house, the accused approached and started abusing and threatening them.
Though the trial companyrt had companyvicted the appellant in terms of Section 324 IPC and imposed sentence of five years rigorous imprisonment and a fine of Rs.1,000/ with default stipulations, the same was set aside by the High Court.
The High Court did number accept the plea and dismiss the appeal.
Accused pleaded innocence and false implication.
The appellant was sentenced to undergo imprisonment for life and to pay a fine of Rs.50,000/ with default stipulation.
After companypletion of the investigation, including seizure of the weapon of offence vide seizure memo Ex.
Deceased was taken to the Hospital for treatment, but on way he succumbed to his injuries.
1, 2, 3 5 held the appellant guilty and companyvicted and sentenced him aforesaid.
P/9 and referring the seized articles to Forensic Science Laboratory, Sagar, the charge sheet was filed and the accused was prosecuted.
The trial companyrt on companysideration of the materials on record more particularly the version of the eye witnesses PWs.
While grappling with deceased Saleem, accused took out a pair of scissors, with which he assaulted the deceased in his abdomen and chest with the result the deceased fell down unconscious, and there was profuse bleeding from his wounds.
Accused assaulted Pyara Saheb also, and extricated himself.
Report of the incident was lodged by Sheikh Qadir PW 1 .
The accused objected to the intervention by the deceased and started grappling with him.
The inquest report was prepared and Pyara Saheb PW 2 was sent for medical examination.
Accused Salim after assaulting the deceased, tried to run away from the place of the incident, but was caught by Pyara Saheb PW 2 .
On the date of the incident i.e. 8.2.1999, the accused had visited the house of Sheikh Qadir PW 1 and asked his wife Ruksana as to why they had refused to send his wife and quarrel with Sheikh Qadir PW 1 and Ruksana.
