AFSAR AND ANWAR Vs. STATE

JUDGEMENT

(1.) In this appeal by Afsar (A-1) and Anwar (A-2), the judgment dated 19.09.1997 and order on sentence dated 22.09.1997 of Ld.ASJ in SC No. 73/1996 has been impugned. They were convicted in the said judgment for committing offences punishable under Section 302/34 IPC and were sentenced to undergo imprisonment for life with fine of ' 1,000/- each. A-1 was further convicted for committing the offence under Section 27 of the Arms Act and sentenced to undergo Rigorous Imprisonment for two years with fine of ' 500/-. Both sentences were to operate concurrently.

(2.) The criminal law was set into motion at around 7.15 P.M. on 20.09.1994 when Daily Diary (DD) No.15-A (Ex.PW-6/C) was recorded by HC Nasruddin (PW-6) at PS Welcome on getting information from duty Constable Jitender posted at GTB Hospital that Zulfikar brought by his father Irshad in injured condition was declared 'dead . The investigation was assigned to SI Rakesh Kumar who with Const.Shakil reached the hospital and collected the MLC (Ex.PW-4/B). Irshad, the deceased s father, met him at the hospital and both returned to the spot. Mohd.Irshad (PW-1) made statement to SI Rakesh Kumar and stated that on that day, at about 6.15 P.M. he and his son Askar were present at his factory. A-1 and A-2 who were running furniture shop in their neighbourhood were also present. A-1 after going to the first floor removed iron nails from the wall and broke some wires as a result of which their machines (installed in the factory) stopped functioning. When his son Askar objected to that, A-1 started abusing him and hit him (Askar) with an iron rod (Saria) on his head as a result of which he (Askar) fell down. In the meantime, his other son Zulfikar (since deceased) reached there on a scooter and enquired the cause of quarrel. A- 2 caught hold of Zulfikar on the exhortation of A-1, who brought a churi from his shop and stabbed him on the chest and abdomen. When he rushed to save his son, A-1 and A-2 fled the spot. He took his son to GTB Hospital where the doctor declared him 'dead .

(3.) SI Rakesh Kumar made an endorsement on the statement and sent the rukka through Const.Shakil for registering a case under Section 302/34 IPC. Further investigation was taken over by Insp.Babu Singh, SHO, PS Welcome. He summoned the crime team and got the place of incident photographed; he seized blood stained earth, earth control, three small bottles and prepared a rough site plan. Since PW-1 (Mohd. Irshad) had indicted the accused, the police set out to apprehend them.