5.
The appellant-convict was married twice. The first marriage was
with a lady by name Ishrat, who was the daughter of his uncle Mohammad
Yunus (PW-1). His second marriage was solemnised with a lady named
Afsana. One son by name Islamuddin (deceased) was born in wedlock with
Ishrat. The convict had two brothers, namely, Irshad (deceased) and
Naushad (deceased), who lived along with him and his sister Soni (PW-4).
Another brother by name Shanu alias Shahnawaz (PW-2) of the convict
lived in the neighbourhood.
6.
It is the case of the prosecution that the three deceased persons more
particularly Islamuddin (convict’s son) was highly opposed to the second
marriage of his father, i.e., the appellant-convict. Islamuddin (deceased)
was even once beaten by the appellant-convict as he had offered lot of
opposition to the second marriage of his father. Islamuddin was also
threatened by the appellant-convict that he would be thrown out of the
house. Deceased Naushad (appellant-convict’s brother) was in Saudi
Arabia. He had just returned to Bijnore from Saudi Arabia on 04.08.2014.
7.
Few days before the date of the incident, the appellant-convict had
beaten his son (deceased Islamuddin) and at that point of time, Naushad
and Irshad (deceased persons) had intervened to save Islamuddin. On
05.08.2014, at around 05.30 pm, PW-2 Shanu (convict’s brother) went to
see deceased Naushad and had dinner with PW-4 (convict’s sister),
Islamuddin and Irshad. The PW-2 also invited the appellant-convict for
dinner. The appellant-convict lived in the same house as PW-4 and
Naushad, but on a different floor.
8.
On 05.08.2014, at around 10.00 pm, after the dinner was over, PW-
4 asked the PW-2 to stay overnight as it was too late. Naushad and
Islamuddin slept in one room. As Irshad wanted to sleep on the roof, the
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