AKHTAR KHAN @ VICKY Vs. STATE

JUDGEMENT

(1.) The appellant was convicted by Learned Additional Sessions Judge, Delhi in SC No. 56/2010 by a judgment dated 14.10.2011 for the offence of murder under Section 302, IPC. By order dated 20.10.2011, he was sentenced to undergo imprisonment for life, and a fine of Rs. 50,000 was also imposed on him, in default of which he was to undergo additional imprisonment for six months.

(2.) The prosecution case was that on 21.12.2007 at about 8:25 AM, the police received information about some quarrel that had taken place at Gali No.9, Kaushik Enclave, Sant Nagar. PW-19 SI Radhey Shyam left for the spot along with two constables and they found a dead body of a young person, the deceased in this case, near a partially built house at a farm house in Block A, Kaushik Enclave. The body had injury marks on the forehead and chin which had bled heavily. The FIR, Ex.PW2/A, was recorded on the basis of the rukka Ex.PW19/A. Various items viz. a motorcycle (no.DL-8S-AA-8598), blood stained brick, stone, a jacket, blood stained earth and earth sample, country made liquor bottle, glass pieces, and blood found at the spot, were seized by the police. A few strands of hair were found in the right hand of the deceased and were also seized.

(3.) The prosecution further alleged that the statement of an eye witness Bahadur Rai was recorded. Bahadur Rai was the chowkidar (watchman) of the farm house where the body was found. Due to his being untraceable, he was not examined during trial. He had allegedly stated that he was working as Chowkidar at the farm house of Shiv Dass Agarwal. The accused, Akhtar Khan @ Vicky and the deceased, who was identified by him as Sunil Kumar, worked at the farm house and he was friendly with both of them. They used to consume liquor together. On 20.12.2007, Akhtar and Sunil went to the farm house with a bottle of liquor and half kilo of raw fish. They all consumed liquor. After getting drunk, the deceased started talking ill of Akhtar's mother.