ARSHAD ALIAS ASHRAF Vs. STATE

JUDGEMENT

(1.) The appellant Arshad @ Ashraf has preferred this appeal against his conviction for the murder of his father Akhtar Ali in Sessions Case No. 11/2006 FIR No. 95/2006 Police Station Sarai Rohilla under Section 302 IPC vide impugned judgment dated 14.07.2009 and the consequent order on sentence dated 17.07.2009 pursuant to which the appellant has been awarded life imprisonment.

(2.) Briefly stated, case of the prosecution is that on 05-03-2006 around 4.40 a.m., DD No. 4 was recorded at Police Station Sarai Rohilla regarding a quarrel at jhuggi No. N-95/45, Shahzada Bagh, Inderlok, Delhi. A copy of the DD report was entrusted to ASI Ram Kishan (PW-6) for verification, who immediately proceeded to the spot of occurrence. There he found that the injured had been removed to Hindu Rao Hospital. He then visited the hospital and found that both the injured persons namely, the deceased Akhtar Ali and the appellant Arshad were in the operation theatre. ASI Ram Kishan met the complainant Kallu (PW-2) at the hospital and recorded his statement Ex.PW-2/A.

(3.) Kallu in his statement Ex.PW-2/A stated that on the fateful morning at around 4.30 a.m., he was woken up by some neighbours who told him that they had heard the noise of quarrel emanating from the jhuggi of the deceased. On this, they went to jhuggi No. N-95/45. Someone within the jhuggi was shouting "bachao bachao". They tried to open the door of the jhuggi but it was closed from inside. Thus, they broke open the door of the jhuggi. The moment the door was broken open, the appellant came out of the jhuggi and tried to run away. He was apprehended and when asked as to what had happened, the appellant told that the deceased was abusing the appellant?s mother. On this, a quarrel ensued between him and his father and in the process he struck his father on the head with a grinding stone (sil-batta). On the basis of this statement, a formal FIR was registered. Akhtar Ali ultimately succumbed to his injuries in the hospital. The Investigating Officer went through the formalities of the investigation and on completion thereof, challan against the appellant was filed in the Court.