LAWS(DLH)-2011-3-290

MOHD. BADAL Vs. STATE

Decided On March 22, 2011
Mohd. Badal & Another Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THESE appeals are being decided by a common judgment inasmuch as they arise out of the common judgment and order on sentence dated 31.03.1997 delivered in Sessions Case No. 30/1990 arising out of FIR No. 77/1989 registered under Section 302/201/34 IPC at Police Station Saraswati Vihar.

(2.) INITIALLY there were five accused, namely, Mohd. Akhtar, Mohd. Badal, Mohd. Rumal, Mohd. Sabir and Mohd. Zuber. Charges were framed against all the five accused under Section 302/34 IPC and Section 406/34 IPC. Additionally, Mohd. Zuber was also charged with the offence under Section 411 IPC. Initially the charges were framed on 02.03.1990. However, subsequently, at the time of recording the statement under Section 313 Cr. P.C, the learned Additional Sessions Judge noted that the charge framed gave the wrong place of occurrence and consequently charges were re-framed on 08.10.1996. Consequently, the accused desired that some of the witnesses, namely, PWs 1, 2, 11, 13, 15 and 16 be recalled for further cross-examination. This request was allowed and the said witnesses were recalled for further cross-examination. Thereafter, the statements under Section 313 Cr. P.C were recorded and the impugned judgment and order on sentence was delivered / passed.

(3.) THE three convicts, that is, Mohd. Akhtar, Mohd. Badal and Mohd. Rumal, filed separate appeals being Crl. A. Nos. 278/1997, 202/1997 and 256/1997, respectively. Insofar as Mohd. Rumal is concerned, his appeal (Crl. A. 256/1997) was disposed of by another Bench of this Court on 19.04.2010 inasmuch as the appellant was not present and nobody was appearing on his behalf. The Court noted that the appellant was perhaps not interested in pursuing the appeal inasmuch as he had been prematurely released after having spent over fourteen years in custody upon the recommendation of the Lieutenant Governor. In those circumstances Mohd. Rumals appeal was disposed of on 19.04.1010. We are, therefore, left with the present appeals which have been filed by the convicts Mohd. Akhtar and Mohd. Badal.