NIZAMUDDIN Vs. STATE OF DELHI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.11.1997 and the order of sentence dated 28.11.1997 passed by the learned Additional Sessions Judge (Trial Court) whereby the three Appellants (Nizamuddin, Sirajuddin and Riazuddin) were convicted for the offence punishable under Section 302 read with Section 34 Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and to pay a fine of 1,000/ each. In default of payment of fine they were further directed to undergo RI for two months each.

(2.) During the pendency of this appeal Appellant-Riazuddin died on 29.08.2010. His death certificate was filed; verification in respect of his death was made and proceedings against him were ordered to have abated by the order of this Court on 14.03.2011.

(3.) This case was registered on a statement Ex.PW7/A made by PW-7 Sahajuddin. It is alleged that the families of Appellant Nizamuddin and deceased Jafruddin were not having cordial relations. On 02.03.1995 at about 8:30 p.m. Sahajuddin (PW- 7) was on his way back home from the tailor s shop where he had gone to collect his shirt due to the Eid festival next day. When PW-7 reached near his house he met his father (the deceased) outside the house. The deceased inquired from him if he had quarreled with the sons of Nizamuddin on that day as Nizamuddin s wife had complained against him (PW-7). PW-7 replied in the negative and informed the deceased that he was just returning from the tailor s shop. While this conversation was on between father and the son (the deceased and PW-7), Nizamuddin came running from his house, holding a big Chhuri in his right hand. Nizamuddin while hurling abuses at him gave a Chhuri blow at the deceased s back. In the meantime Riazuddin and Sirajuddin, brothers of Appellant Nizamuddin also reached the spot. Riazuddin was armed with a big Chhuri. On seeing them the deceased ran towards the gali but Appellant Sirajuddin over powered him, and caught hold of his hands, whereas Nizamuddin and Riazuddin repeatedly inflicted injuries with Chhuries. The deceased and PW-7 raised an alarm, attracting PW-9 (Rahimuddin) and some other persons from the street to the spot. The Appellants fled the spot. The deceased fell down on the ground in a pool of blood. Rahimuddin (PW-9) removed the deceased to Jaipur Golden Hospital in a TSR where Dr. Archna Varshneya (PW-6) declared him brought dead .