ANWAR @ ADDHA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The appellant is challenging his conviction recorded for the offences committed under Section 302 read with Section 34 of the Indian Penal Code (IPC) as well as under Section 307 read with Section 34 I.P.C. Since the appellant is convicted under Section 302 I.P.C. as well, he has been sentenced to undergo life imprisonment. The said conviction and sentence passed by the Trial Court has been upheld by the High Court vide impugned judgment dated 28.01.2013.

(2.) It may not be necessary to state the facts in detail as the arguments which are made by the learned counsel for the appellant are confined to the validity of Test Identification Parade (TIP) which was conducted by the Trial Court and submission was that since the said TIP is legally unsustainable, the entire case of the prosecution, as a result thereof would collapse. Therefore, we are taking note of only those facts which are necessary in dealing with the aforesaid arguments of the appellant.

(3.) The appellant was charged for the aforesaid offences alongwith co-accused Shakil and Tahib. Shakil died during the trial of the case. Therefore, trial against him stood abated. Both the appellant and Tahib have been convicted. It appears that Tahib has not challenged the judgment of the High Court. The charge against these accused persons was of committing the murder of one Mr. Amit Kumar Sundriyal and attempt to kill Mr. Ramesh Chand Sundriyal, who was the complainant and had appeared in the witness box as PW-1. The following discussion is relevant:-