MOHD MAHFOOZ ALAM Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment and order dated 26.10.98, the appellant Mohd.Mahfooz Alam has been convicted for an offence punishable under section 302 IPC. Vide order on sentence dated 26.10.98, he has been sentenced to undergo imprisonment for life and to pay a fine in sum of '5000/-; in default to undergo RI for six months.

(2.) Conceding that in view of the testimony of Mohd.Zakir PW-4; the testimony of Mohd.Saeed PW10, the 2 witnesses to the incident and the testimony of Wahiduddin PW-3 and Zia-Ul-Haque PW-11 who reached on hearing the noise upstairs and apprehended the appellant at the spot, it stands established that the appellant inflicted 2 stab injuries on the chest cavity of the deceased Shamim Ahmed, counsel urges that the attendant circumstances wherefrom appellant's intention or knowledge could be gathered makes liable the appellant to be convicted for the offence of culpable homicide not amounting to murder and not the offence of murder. Counsel would concede that evidence certainly establishes the commission of an offence punishable under Section 304 Part I IPC.

(3.) To be fair to the learned counsel for the appellant we must record that learned counsel attempted to bring home the point that in view of the discrepancies in the testimony of two stated eye-witnesses and the other two witnesses who reached at the place of the crime virtually contemporaneous with the crime being committed a contra view could be taken, but on going through the testimony of the witnesses conceded that the discrepancies are normal aberrations in the testimony of witnesses who deposed to facts seen by them after a few years.