ID MOHD Vs. STATE

JUDGEMENT

(1.) Appellant seeks suspension of the sentence invoking Section 389 of the Code of Criminal Procedure. Needless to state that learned Additional Sessions Judge held the appellant guilty for offences punishable under Section 332/34 and 27 of the Arms Act.

(2.) The facts of the prosecution case in brief as alleged are that on 21/11/1997 an information was received from public telephone at 9.40 am that the dead body of the young man is lying at Tuglakabad Extension opposite gali No. 13-B. This set the law into motion. The police found that a young man of about 25/26 years was lying in a pool of blood. A blood stained blade of khukhri was lying at a distance. There were no eye witness available at the spot. From the possession of the deceased one chit of Mangolia factory was recovered. On basis of that chit the owner of Mangolia factory Mr.Amet Mohd. and Master Abdul Sattar were interrogated. The said owner informed the police that three tailors namely Mohd. Islam, Raju and Mohd. Irsad used to work collectively on a single tailoring card in the factory. The card had been issued in the name of Mohd. Islam. All the three were not coming to the factory from 18-11-97 onwards. Mohd. Islam had been arrested at the identification of Master Abdul Sattar. A disclosure statement purported to have been made regarding the alleged participation of the applicant. Mohd. Irsad even got recovered a khukhri with blood stained from Tuglakabad fort. The applicant was arrested at the instance of Mohd. Irsad.

(3.) On the basis of disclosure statement of the applicant handle of the knife was got recovered which was alleged to have blood stained. The same had been taken into possession. THe blade of the knife purported to had been recovered at the instance of Mohd. Irsad and the handle recovered at the instance of the applicant had been sent to CFSL for forensic examination. The police alleged that blood Group present on the blade of khukhri and handle and also on the clothes alleged to have been recovered at the instance of Mohd. Irsad and which included the clothes of Id. Mohd. applicant tallied with the blood group of the deceased.