Decided on September 20,2007

STATE Respondents


R.S.Sodhi, J. - (1.) Criminal Appeal No. 739 of 2003 seeks to challenge judgment and order of the learned Additional Sessions Judge, New Delhi, in Sessions Case No. 16 of 2002, arising out of F.I.R. No. 555 of 2001, registered at Police Station Okhla Industrial Area, whereby learned judge vide his judgment dated 7.8.2003 has held the appellant, Shaukat Ali @ Bechan, guilty under Section 302 IPC for murder of Shamshad. Further, vide separate order dated 7.8.2003, has sentencedthe appellant to imprisonment for life together with fine of Rs. 500/- under Section 302 IPC and in default of payment of fine, further Simple Imprisonment for three months.
(2.) Brief facts of the case as have been noted by learned Additional Sessions Judge in his judgment under challenge are as follows:- ".......that one Shamshad was admitted in AIIMS hospital by one Javed, a tea vendor, R/o D-637, Indra Kalyan Alla Mohalla, Phase-I, Okhla, in injured condition. On examination, Shamshad was declared dead. This information was passed on to P.S. Okhla Industrial Area (O.I.A.) on 7.10.01 at about 9:50 p.m. On the basis of this information, IO visited the AIIMS and clothes of the deceased were taken into possession, dead body was sent for postmortem examination. In the postmortem report, Doctor opined the cause of death as hemorrhagic shock due to stab injury No. 2, i.e., stab wound over the left side of lower chest 2.5 x 1.4 cm in size, vertically placed, elliptical in shape, exposing subcutaneous fat. It was opined that the wound has gone deep through 6th inter coastal space with diffuse muscular haemtoma around, piercing the pericardium and gone into the right ventricle of the heart on the anterior aspect. On the basis of said information, a case was registered and investigation commenced. IO is deposed to have reached the place of incident and ultimately could find out the alleged eye-witness, namely, Javed. He recorded statement of Javed, Jainnuddin, Vijay, Nasruddin and Qaumuddin, who disclosed the involvement of present accused in the murder of the deceased. On 10.10.2001, accused is deposed to have been arrested on the basis of secret information from H.N. 114, Alia Mohalla, Okhla. He was allegedly interrogated and he is alleged to have made disclosure statement regarding whereabouts of knife allegedly used by him in this incident and subsequently got recovered the knife which was taken into possession. Accused is also alleged to have disclosed about the whereabouts of cloths which were worn by him at the time of incident. He allegedly took the police party towards the heap of garbage and produced one polythene bag which was found containing blood stained jeans which was taken into possession by the police. Samples handed over by the Doctor at the time of postmortem examination and other samples were seized by the police. Statements of the witnesses were recorded. After investigation of the case, police came to the conclusion that prima facie a case u/S 302 IPC was made out against accused, accordingly, challan was filed."
(3.) Prosecution in order to establish its case examined as many as 15 witnesses. Of these, PW-1, Javed, is the eye-witness. PW-2 is Vijay, the neighbourer. PW-3, Dr. Arun Kumar Agnihotri, Senior Resident, Department of Forensic Medicine, A.I.I.M.S., proved MLC of deceased, Shamshad, Exhibit PW 3/A. PW-4, Head Constable Hoshiyar Singh, was working as a Duty Officer on 7.10.2001 and proved DD No. 34-B, Exhibit PW 4/A, rukka, Exhibit PW 4/B and copy of F.I.R., Exhibit PW 4/C. PW-5, Constable Yogesh Kumar, accompanied SI Lokesh Sharma (PW-9A) to A.I.I.M.S. Hospital. PW-6 is Constable Dilawar Singh. PW-7, Dr. Varun Dixit, Junior Resident, A.I.I.M.S., conduced postmortem examination on the dead body of Shamshad and proved his reports Exhibit PW 7/A and PW 7/B. PW-8 is Constable Dharmender Kumar, who took the dead body for postmortem examination, received the samples and handed over the same to the IO vide memo Exhibit PW 8/A. PW-9 is Jainnudin. PW-9A is SI Lokesh Sharma. PW-10, SI Nirbhay Sharma, proved application for opinion, Exhibit PW 10/A. PW-11 SI Mahesh Kumar, Draftsman, Crime Branch, prepared site plan, Exhibit PW 11/A. PW-12, Mohd. Gunni, father of the deceased, identified the dead body and proved his statement Exhibit PW 12/A. PW-13, Mohd. Kamal, identified the dead body and proved his statement, Exhibit PW 13/A. PW-14 is Constable Pramod Kumar. PW-15 is Head Constable Sompal Singh.;

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