ALAMGIR Vs. STATENCT DELHI
LAWS(SC)-2002-11-51
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on
November 12,2002
ALAMGIR
Appellant
VERSUS
STATE
Respondents
Referred Judgements :-
HANUMANT GOVIND NARGUNDKAR VS. STATE OF MADHYA PRADESH [REFERRED TO]M G AGARWAL M K KULKARNI VS. STATE OF MAHARASHTRA [REFERRED TO]
MAGAN BIHARI LAL VS. STATE OF PUNJAB [REFERRED TO]
MURARI LAL VS. STATE OF MADHYA PRADESH [REFERRED TO]
PAWAN KUMAR VS. STATE OF HARYANA [REFERRED TO]
SUDAMA PANDEY VS. STATE OF BIHAR [REFERRED TO]
Cited Judgements :-
RAM KUNWAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-5-40] [REFERRED TO]BALWANT SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-5-53] [REFERRED TO]
ASHA SHRIVASTAVA VS. MUKUND LAL AGRAWAL [LAWS(CHH)-2020-8-80] [REFERRED TO]
VIJAYALAXMI SHETTY VS. KOCHU SHETTY [LAWS(KAR)-2020-11-318] [REFERRED TO]
GORAKH SAHNI VS. STATE OF BIHAR [LAWS(PAT)-2008-7-153] [REFERRED TO]
MD. IRFAN VS. STATE OF WEST BENGAL [LAWS(CAL)-2020-2-5] [REFERRED TO]
SHYAM SABAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-5-10] [REFERRED TO]
CHANDRA PRAKASH BAID VS. SHARAD KUMAR DAGA [LAWS(CHH)-2022-5-68] [REFERRED TO]
K MARUDHUPANDI VS. STATE [LAWS(MAD)-2006-3-424] [REFERRED TO]
SUDHIR YADAV VS. STATE OF BIHAR [LAWS(PAT)-2003-9-142] [REFERRED TO]
LELLAPALLI SAKUNTALA DIED PER LRS VS. VEDANTAM SEETHAMAHALAKSHMI [LAWS(APH)-2008-7-41] [REFERRED TO]
SMT. VIJAYALAXMI SHETTY VS. MR. KOCHU SHETTY [LAWS(KAR)-2020-11-7] [REFERRED TO]
KESING JAMES VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(GAU)-2019-3-180] [REFERRED TO]
MD ARIF AHMED VS. STATE OF ASSAM [LAWS(GAU)-2009-4-32] [REFERERD TO]
PURNENDU BAGANI VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-9-86] [REFERRED TO]
SHANMUGAM VS. STATE [LAWS(MAD)-2009-4-122] [REFERRED TO]
MOHD IRSHAD ALIAS DILSHAD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2004-10-30] [REFERRED TO]
K VARADARAJA PAI VS. STATE BY CBI [LAWS(KAR)-2013-6-11] [REFERRED TO]
SUBHASIS SINGHA VS. STATE OF WEST BENGAL [LAWS(CAL)-2005-7-27] [REFERRED TO]
AMERUL SHEIKH ALIAS MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-6-21] [REFERRED TO]
STATE OF WEST BENGAL VS. HABU GORAIN ALIAS HABUL GORAIN [LAWS(CAL)-2006-11-1] [REFERRED TO]
MALLO DEVI VS. HARPRASAD [LAWS(MPH)-2013-12-44] [REFERRED TO]
CENTRAL BUREAU OF INVESTINGATION VS. COODLI RAVIKUMAR [LAWS(BOM)-2016-11-101] [REFERRED TO]
KRISHNA ALIAS CHANDRAKANTH VS. STATE [LAWS(KER)-2012-4-198] [REFERRED TO]
GUIRAM MONDAL VS. STATE OF WEST BENGAL [LAWS(SC)-2013-4-83] [REFERRED TO]
SUDHAKAR SUKRAM HAZARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-9-34] [REFERRED TO]
RAGHUNATH SOREN @ KURORAM VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-2-18] [REFERRED TO]
SHRI DILIP KUMAR MONDAL AND ANR. VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2012-2-76] [REFERRED TO]
KESHAB NASKAR VS. STATE [LAWS(CAL)-2012-9-9] [REFERRED TO]
KEFRU MOG VS. STATE OF TRIPURA [LAWS(GAU)-2006-7-37] [REFERRED TO]
BOGIDHOLA TEA AND TRADING COMPANY P LTD VS. KOTHARI PLANTATIONS AND INDUSTRIES LTD [LAWS(GAU)-2009-2-62] [REFERRED TO]
MOOLA ALIAS MOOLCHAND VS. SHYAM MOHAN SHIVHARE [LAWS(MPH)-2013-2-24] [REFERRED TO]
AMBALAL @ ANKIT LILACHAND VALANI VS. STATE OF GUJARAT [LAWS(GJH)-2018-7-69] [REFERRED TO]
AWADHESH KUMAR MISHRA AND 2 OTHERS VS. STATE OF U.P. [LAWS(ALL)-2018-9-129] [REFERRED TO]
STATE OF GOA VS. RAJESH DESSAI [LAWS(BOM)-2014-11-193] [REFERRED TO]
BADDAM PRATHAP REDDY VS. CHENNADI JALAPATHI REDDY [LAWS(APH)-2008-6-6] [REFERRED TO]
SANJAY SHRIRAM JOSHI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-6-29] [REFERRED TO]
MD. TAHUR & ORS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-10-90] [REFERRED]
BHADRA MONDAL VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-3-104] [REFERRED TO]
M. N. CHINNAIAH VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-214] [REFERRED TO]
CHATU VS. STATE [LAWS(CAL)-2011-9-127] [REFERRED TO]
V N PERUMAL VS. K RAMAMOORTHI [LAWS(MAD)-2015-4-260] [REFERRED TO]
VED PAL AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2015-12-122] [REFERRED TO]
KRISHANMOHAN ANANDA SAINDANE VS. ANILKUMAR BHERUMAL MAWANI [LAWS(BOM)-2006-4-139] [REFERRED TO]
RUKMINI YESHWANT KHARADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-6-117] [REFERRED TO]
YADAV NATHOBA KOHCHADE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-2-4] [REFERRED TO]
PRAKASH SHAW VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-6-38] [REFERRED TO]
RAM CHARAN AND OTHERS VS. STATE OF U.P. [LAWS(ALL)-2020-4-10] [REFERRED TO]
JUJHAR SINGH VS. STATE OF M P [LAWS(MPH)-2005-11-51] [REFERRED TO]
N P SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2003-5-244] [REFERRED]
K VARADARAJA PAI AND ANOTHER VS. STATE [LAWS(KAR)-2012-6-367] [REFERRED]
CENTRAL BUREAU OF INVESTIGATION, MUMBAI VS. K DHARAMPAL [LAWS(BOM)-2018-7-39] [REFERRED TO]
JOGESH KUMAR GOMBER VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-9-89] [REFERRED]
ALLAN JOHN WATERS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-7-146] [REFERRED TO]
VINOD KUMAR DUGAR VS. BIJOY KUMAR LOYALKA [LAWS(CAL)-2014-12-50] [REFERRED TO]
MANGLA HANSDA VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-4-15] [REFERRED TO]
NURUDDIN SK VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-9-46] [REFERRED TO]
STATE OF WEST BENGAL VS. BINOD KUMAR SHAW [LAWS(CAL)-2012-8-82] [REFERRED TO]
A.K.VIJAYALAKSHMI VS. INDIAN BANK [LAWS(MAD)-2019-11-178] [REFERRED TO]
KISHORE BHAGTANI VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-11-14] [REFERRED TO]
CENTRAL BANK OF INDIA VS. SHANTHI RAJKUMAR AND ORS. [LAWS(MAD)-2019-9-716] [REFERRED TO]
DIGAMBAR S/O PANDURANG KADU VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-10-185] [REFERRED TO]
BADLU DAS & ORS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-12-24] [REFERRED TO]
JAHANGIR SEIKH VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-3-66] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. MANJURI BIBI AND OTHERS [LAWS(CAL)-2015-11-42] [REFERRED]
NIL KAMAL SINGH VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-4-84] [REFERRED TO]
JUDGEMENT
Banerjeej- -
(1.)The matter under consideration presently before this Court stands out to be singularly singular on the plea of fabrication by the defence against the prosecutor. The High Court of Delhi negated the same and dismissed the appeal against the conviction under Section 302,IPC and the sentence of imprisonment for life along with fine.
(2.)It is at this juncture convenient to advert briefly to the prosecution case as below :
(3.)Alamgir, the appellant herein being a resident of Pakistan was married to Ms. Hazra (known by the name of Halima after marriage). The factual score depicts that on 17th September, 1991, the appellant came to Delhi along with his wife Hazra alias Halima and they checked-in in a hotel at Darya Ganj (Royal Inn Guest House) on 18th September, 1991 at about 8.50 p.m. Upon registration in the guest registration book, the appellant and his wife, who was in Burqa, were allotted Room No. 107 and the key was handed over to Alamgir. On 19th September, 1991, Alamgir, however, went out and brought some breakfast and at or about 10.15 in the morning, he reported at the counter informing therewith that the wife being left alone in the hotel room ought not to be disturbed and that he would be back soon. Alamgir, however, the factual score depict, did not return till 20th and the Manager of the hotel by reason of not being able to get any response from the room after several attempts, opened the room with the duplicate key in the presence of one Dinesh Chand and found that the deceased was lying on the bed covered with a red dupatta. Immediately thereafter, however, the police was informed and Sub-Inspector Rajbir Singh reached at the hotel and recorded the statement of the Manager of the hotel. The Crime Branch was called along with photographer and upon completion of all necessary formalities, the dead body was sent for post-mortem and the FIR being No. 357/91 was registered around 12.25 in the afternoon.
(2.)It is at this juncture convenient to advert briefly to the prosecution case as below :
(3.)Alamgir, the appellant herein being a resident of Pakistan was married to Ms. Hazra (known by the name of Halima after marriage). The factual score depicts that on 17th September, 1991, the appellant came to Delhi along with his wife Hazra alias Halima and they checked-in in a hotel at Darya Ganj (Royal Inn Guest House) on 18th September, 1991 at about 8.50 p.m. Upon registration in the guest registration book, the appellant and his wife, who was in Burqa, were allotted Room No. 107 and the key was handed over to Alamgir. On 19th September, 1991, Alamgir, however, went out and brought some breakfast and at or about 10.15 in the morning, he reported at the counter informing therewith that the wife being left alone in the hotel room ought not to be disturbed and that he would be back soon. Alamgir, however, the factual score depict, did not return till 20th and the Manager of the hotel by reason of not being able to get any response from the room after several attempts, opened the room with the duplicate key in the presence of one Dinesh Chand and found that the deceased was lying on the bed covered with a red dupatta. Immediately thereafter, however, the police was informed and Sub-Inspector Rajbir Singh reached at the hotel and recorded the statement of the Manager of the hotel. The Crime Branch was called along with photographer and upon completion of all necessary formalities, the dead body was sent for post-mortem and the FIR being No. 357/91 was registered around 12.25 in the afternoon.
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