KAILASH NATH Vs. STATE

JUDGEMENT

(1.) Kailash Nath has assailed the order of this conviction and sentence passed by the learned Additional Session Judge, Delhi, thereby convicting him and giving him sentence of rigourous imprisonment for life under Section 302/34 Indian Penal Code and a fine of Rs. 1000.00-, in default of payment of fine to further undergo simple imprisonment of two years. Further convicted and sentenced under Section 324/34 Indian Penal Code for one year and fine of Rs. 500.00, in default of payment of fine to further undergo simple imprisonment of three months.

(2.) The appellant Kailash Nath has assailed that order of his conviction and sentence primarily on the ground that he was not named by the complainant, the injured Tara Chand (Public Witness-7) nor any Test Identification Parade (TIP) was conducted. Even pointing out was not done of the appellant by the witnesses in the Court while their examination was recorded. He had been roped in at the instance of police subsequently. Eye witness gave the name of actual assailant along with his parentage and address.

(3.) The said accomplice was neither interrogated nor arrested. The said accomplice actually existed and his name appears in the FIR. He had been all along available at the address given by the injured Tara Chand (Public Witness-7). The person named in the FIR namely Shashi, son of Tek Chand, r/o Sat Nagar, Karol Bagh was produced by the accused as DW-1. This shows prosecution fabricated case against him. Even in the supplementary statement of Tara Chand, the injured, name of the appellant did not figure. Tara Chand (Public Witness-7) in his supplementary statement gave the name of the assailant as one "Bholu". He nowhere stated that appellant was known by the name of "Bholu". The fact that appellant was also known by the name of "Bholu" had not been put to him when he stepped into the witness box to make his statement under Section 313 Criminal Procedure Code Hence identity of appellant had not been established.