AGA JAFAR MIRZA Vs. STATE OF DELHI

JUDGEMENT

(1.) BY our order dated 26.05.2011 we had dismissed the present appeal and had indicated that reasons would follow. These are the reasons. Present is an appeal under the proviso to Section 372 of Code of Criminal Procedure, 1973 on behalf of the victims (namely appellant no.1 Aga Jafar Mirza & appellant no.2, Smt. Khurshid Begum being the son-in-law and wife of deceased respectively). The appeal is directed against the impugned judgment dated 30th January, 2010 in Session's case no.108/2008 passed by the learned Addl. Sessions Judge-North East, Karkardooma Courts, whereby both the accused, namely, Nafees Ahmed and Shakil i.e. respondent nos. 2 & 3 herein, were acquitted of the charges u/s 302/34 IPC for having committed the murder of Shamshul Hassan.

(2.) THE case of the prosecution is that on 6th March, 2004 on receipt of information vide DD No.4-A, SI Nitin Kumar along with Constable Sanjay went to Gali No.10, Brahampuri and at Mohan Nursing Home and from there they came to know that a person was shot and had been taken to GTB Hospital. From there, they went to GTB Hospital and obtained MLC of injured Shamshul on which the Doctor had declared the injured as having been brought dead with gun shot injury. In the hospital, eye witness Aga Jafar Mirza PW-2 met SI Nitin Kumar and made his statement Ex. PW 2/A wherein he stated that on 6th March, 2004 at about 9.30 am, he was going to the house of his in- law. When he reached a little ahead from the corner of street no.48/2, he saw that his father-in-law Shamshul Hassan was talking to three persons. One more person was standing at a distance of 2-3 meter from those persons. After few seconds, those three persons grappled with his father-in-law. One of those persons aged 25-30 years had caught hold of his father-in-law from his back and the other person started pulling his feet downwards and the third person put a country made pistol on the mouth of his father-in-law and fired a shot on the chin and in the armpit. His father-in-law ran away towards Khajurwali Masjid after crying 'Mar diya' 'Mar diya' and while running away, the other person fired a shot on the back of his father-in-law as a result of which, he fell down at some distance. Two persons ran towards Khajurwali Masjid and other two ran towards the opposite side. In the meantime, his brother-in-law Mirza Gulshan Beg PW-10 reached at the spot. His father-in-law was taken to Mohan Nursing Home by Mirza Gulshan Beg, PW-10 & Safar Abbas on a two wheeler scooter where they were advised to take him to GTB Hospital and thereafter his father-in-law was brought to GTB Hospital where he was declared as having been brought dead. On the basis of above statement, SI Nitin Kumar had put endorsement and got registered FIR Ex.PW8/C and investigation was carried out.

(3.) ON 7th July, 2005, accused Shakeel @ Ghanti was arrested in some other case wherein he made a disclosure statement about his involvement in the present case. Shakeel was arrested on 14th July, 2005. After completion of investigation, supplementary charge sheet was filed against him. Vide order dated 21st February, 2006 for the offence punishable under section 302/34 IPC to which he pleaded not guilty and claimed trial.