MOHD ASLAM ALIAS ASLAM Vs. STATE

JUDGEMENT

(1.) Judgment and order dated 30.11.1998 passed by the Learned Trial Judge convicting appellant for offences punishable under Sections 302, 307, 397 IPC and Section 27 Arms Act is in challenge.

(2.) The prosecution case emerging at the trial, shorn of unnecessary details, was that the appellant and his alleged accomplices; Mohd.Salim and Mohd.Hanif who have been acquitted entered premises bearing Municipal No. I-10 Jangpura Extension, New Delhi on 10.5.1992 at around 3.30 PM with intention to commit robbery and were armed with deadly weapons. Their entry was noted resulting in hue and cry being raised. The robbery got aborted. A crowd gathered. The accomplices managed to flee. Appellant was apprehended at the spot by the crowd and before he could be finally pinned down, he fired at the deceased Ram Prakash Nagar and his younger brother Ram Murti Nagar. The former died and the latter was injured. With the help of the security guard at House No.I-14, Jangpura Extension, appellant was apprehended and handed over to the police at the spot itself.

(3.) Perusal of the judgment penned by the learned Trial Judge reveals the trinity of incriminatory circumstances emerging against the appellant on the strength of which finding of guilt has been rendered are as under:-