MOHD. SHAHABUDDIN Vs. STATE (GNCT) OF DELHI

JUDGEMENT

(1.) By the impugned judgment dated 16 th February, 2009, the appellant Mohd. Shahabuddin has been convicted under Section 302 Indian Penal Code, 1860 (IPC) for murder of Ashok. He has been sentenced to life imprisonment and fine of Rs.5,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for six months. The appellant has also been convicted under Section 201 IPC and sentenced to rigorous imprisonment of four years and fine of Rs.2,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for three months.

(2.) Ashok, the deceased was carrying on business of manufacturing school bags, at premises No.210/211, Gokalpuri, Delhi, in partnership with Ram Sahai, his brother-in-law. In the night intervening 14 and 15 th May, 2005, Ashok was murdered on the ground floor of the said factory, where he was sleeping. Dead body of Ashok was found at about 9.30 A.M. by his daughter Pinki, then aged about 10 years. The body had several injury marks and was bleeding from different parts.

(3.) Autopsy of Ashok's dead body was done and as per Dr. S. Lal (PW-3), the deceased had 14 ante mortem injuries. He opined that the cause of death was haemorrhagic shock due to multiple ante mortem stab wounds over the neck, chest and abdomen. Injuries Nos.1, 3, 4, 11, 12 and 14 were caused by single pointed sharp edged weapon and injuries Nos.2, 5, 6, 7, 8, 9, 10 and 13 were caused by pointed tip of double sharp edge weapon. The post mortem report was exhibited as PW3/A. Thus, homicidal death of the deceased stands proved and established beyond doubt.