Lacerated wound of size 6 x cms x bone deep on the left side of skull, 4 cms above injury No.2 and 9 cms above the left ear and 4 cms away from the midline.
His mother took the axe and gave one axe blow on the neck of his father from the front side.
Hamidi and her husband Abdul Rahim became unconscious and fell down.
After further investigation, police submitted charge sheet against the four accused and they were companyvicted as stated earlier.
The plea of the accused was total denial and to prove the alleged statement of Hasham PW 6 made on August 12, 1995 before police, D.W.1 Jamalludin ex Sarpanch of the Village, was examined as defence witness.
He admitted his signature but denied making of any statement before the police on August 12.
Thereafter, his father laid down on the ground.
Abdul Rahim and his deceased wife with their two sons left the village out of fear of the accused and on their return to the village after more than four years, the present occurrence took place.
On alarm being raised by him, people from nearby houses came to their house.
Thereafter, Jamaluddin, Shaurab and Tahir took him to the police station and obtained his signatures on a blank piece of paper.
Superintendent and in this Hasham stated that all the four accused assaulted his parents.
After the incident, he raised alarm and people from the neighbourhood including Jamaluddin, Shaurab and Tahir came.
PHUKAN, J Four brothers were booked for trial under Section 302 read with Section 34 and other lesser offences of the Indian Penal Code.
Tahir was the nephew of the accused.
At the time of the occurrence, Hasham was all alone in the house.
After taking meals, all of them went to sleep and in the morning at about 4.00 a.m. on hearing numberse he woke up and saw his father giving two three blows to his mother by the handle of an axe, which he was holding.
On the intervening night of August 11/12, 1995 in the wee hours i.e. about 4 a.m. Smt.
His mother took the axe and gave a blow on the front side of the neck of his father who took away the axe and threw it.
Superintendent under Section 161 Cr.
At about 5.50 a.m., Hasham PW 6 was taken to the Police station by Jamaluddin, Shaurab and Tahir where Hasham was purported to have made a statement on the basis of which the First Information Report was recorded.
As his mother refused to prepare meals, his father gave slaps and fist blow on his mother.
This witness was examined in companyrt with reference to his statement recorded by the Dy.
Thereafter, his mother prepared dry meals.
Fresh bleeding was present.
The High Court affirmed the companyviction of two other brothers, namely, Majid and Bashir who have filed these two appeals by special leave and we are disposing of the appeals by this companymon judgment.
His alleged statement made to the police on August 12 when he was taken to the police by Jamaludin, Shaurab and Tahir was put to him in cross examination and he denied to have made any such statement.
Both the above external and internal injuries found by Dr. Rathore on the body of the deceased Hamida companyld number have been caused by two three blows of the handle of the axe and moreover with the above injuries she would number have been able to get up and gave blow with the axe on the neck of her husband.
Taking advantage of the helpless companydition of Hasham, the above three persons took him to the police station and got his statement recorded on 12th August.
The Sessions Judge acquitted one accused namely, Aas Mohammed and the High Court acquitted another accused Sher Mohammed .
Fresh bleeding was companying from the wound.
After Hamidi succumbed to her injuries, on August 15, a supplementary statement of Hasham PW 6 was recorded by a Police officer of the rank of the Dy.
On the same day, she examined deceased Hamidi and found the following injuries Lacerated wound of size of 5 x x bone deep at the left side of skul, 5 cms above the left eye brow.
According to Hasham PW 6, his father Abdul Rahim gave 2 3 blows by the handle of the axe on the body of his deceased mother Hamida and thereafter he laid on the ground in the room.
According to the prosecution, four years prior to occurrence, all the four accused assaulted Abdul Rahim PW 7 , as his eldest son Sher Mohammed was suspected of having illicit relationship with Mehmooda, sister of the accused.
Hamidi who was taken to the hospital remained unconscious till her death on August 14, 1995.
He stated before the trial companyrt that on August 12, at about 4 a.m. he woke up on hearing numberse and saw all the accused inside their house accused Majid armed with Kulhari axe and remaining three accused with lathies.
Thereafter, he got nervous, raised the alarm and many persons including Jamaluddin Sarpanch, Shaurab Ex.
The wound was present on front side of neck.
P.C. on August 15.
Thereafter, accused ran away.
In this statement, Hasham was alleged to have made a statement that there was a quarrel between his parents followed by assaults and as a result both of them were injured.
To appreciate the statement made by this witness on August 12, we may extract the injuries sustained by deceased Hamidi and Abdul Rahim PW 7 .
The patient was unconscious.
This statement formed part of the FIR where Hasham PW 6 was supposed to have stated that in the evening of the date of occurrence, his mother demanded money for buying vegetable from his father who declined the request, as he had numbermoney.
Abdul Rahim PW 7 who became unconscious after the assault was also taken to the hospital and he regained companysciousness only after more than ten days.
Sarpanch, Tahir and other neighbours came to their house and Jamaluddin, Shaurab and Tahir took him to the police station.
Hasham saw the assault, raised an alarm and persons from nearby houses came to the house of Abdul Rahim.
Dr. Mrs. Santosh Jain PW 3 examined Abdul Rahim on August 12, 1995 and found the following injuries Incised wound of size 13 x 13 x 5 cms x deeply placed trachea seen.
Dr. Amar Singh Rathore PW 10 companyducted post mortem on the dead body of deceased Hamidi on Augst 14, 1995 and on opening the skull, he found sub scalp haemotoma greenish brownish in companyour all over the skull there was fracture of left tempro parietal bone which was depressed in nature and was of size of 6 X 5 cms another fracture of left side fronto pareital bone going towards right side mid pareital bone with tissue staining present on the fractured site and extra sub dural haemorrhage left side fronto parietal area sub dural haemorrhage all over both hemisphere more on occipital side.
Thereafter, accused Majid inflicted Kulhari blow on the neck of his father Abdul Rahim PW 7 , who also fell on the ground and became unconscious.
Accused Aas, Bushir and Sher inflicted lathi blows on the head of his mother Hamidi, who became unconscious and fell down.
Both Smt.
Hamidi and her husband Abdul Rahim PW 7 were subjected to murderous assault and at that time their minor son Hasham PW 6 , aged about 11 years, was the only person present.
After the death of Hamida police realized the gravity of the occurrence and a superior Police Officer took up investigation and recorded the statement of Hasham on August 15 which was the companyrect version of the incident as it was supported by medical evidence and also the evidence of his father, Abdul Rahim W.7 .
Fresh bleeding was present.
Lacerated wound of size 3 x cms x bone deep on the left side of skull, 1 cm above injury No.1.
