MOHD SHAHID ALAM Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted for the offence of having murdered Abdul Wahid also known as Bade Miyan, as also for the offence of robbery. For the former offence he has been sentenced to undergo imprisonment for life and for the latter he has been sentenced to undergo imprisonment for five years and pay a fine in sum of Rs.5,000/-, in default of payment of fine to undergo simple imprisonment for one month.

(2.) The learned Trial Judge has summarized the incriminating evidence against the appellant as under:-

(3.) It is thus apparent that the fate of the appellant has to be decided with reference to the testimony of Mohd.Nasir PW-10, the son of the deceased and the finding returned that the key of the Tijori (locker) in the shop of the deceased was recovered from the appellant. To put it in legal terms, the incriminating evidence against the appellant is of his being last seen in the company of the deceased at the shop in the night where the dead body of the deceased was detected the next day morning and the fact that the deceased and the appellant used to sleep in the shop as also the evidence of recovery of the key of the Tijori in the shop from the appellant. We may note that though not used as an incriminating circumstance against the appellant of absconding, evidence shows that the appellant was apprehended on 10.7.2003 i.e. after about 2 months of the crime.