RIZWAN Vs. STATE

JUDGEMENT

(1.) THIS case relates to the murder of an infant Roshan who was the son of PW -1 Smt. Madhu Devi, aged about 2 -2+ years. The Appellant having been convicted for the offences under Section 302/452/34 IPC by order dated 19.03.2011 was sentenced (by order Dt. 22.03.2011) to undergo life imprisonment and to pay a fine of Rs.20,000/ -, in default of payment of fine to undergo simple imprisonment for three years under Section 302/34 IPC. He was further sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/ - or in default of payment of fine to undergo simple imprisonment for one year for the offence punishable under Section 452/34 IPC. The Appellant challenged the conviction and order of sentence.

(2.) INITIALLY DD No. 4 (Ex. PW -18/B) was recorded at PS Sultan Puri, 4:25 a.m., to the effect that a quarrel had taken place in Prem Nagar, Gali No. 3 near Subhash STD booth at house No. E/2/72A. Subsequently DD No. 5 (Ex. P.W. 18/A) was recorded on the statement of PW -1 to the effect that a neighbour had killed her son in block E -2, Prem Nagar III near Subhash STD booth. Initially, PW -16, ASI Krishan Kumar reached the spot at about 6:30 p.m. followed by Inspector Mir Singh (IO) of the case.

(3.) THE Appellant and the co -accused Janak Raj pleaded not guilty to the charge. The prosecution examined 24 witnesses.