SIKANDER ALIAS SHAFI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 5.8.91/9.8.91 passed by Shri S.M. Aggarwal learned Additional Sessions Judge whereby he found the appellant guilty under Section 302 of the Indian Penal Code and sentenced him to death. The learned Additional Sessions Judge while passing the said judgment and order also referred the same to this Court under Section 366 Criminal Procedure Code . for confirmation of the sejntence of death as required under the sd Section vide murder reference No.3 of 1991.

(2.) Both the above appeal and reference are being taken up together for disposal as the common questions of law and facts are likely to arise while disposing them of.

(3.) The case of the prosecution as adumbrated in the statement of the omplainant Ghulam Mohd. (Public Witness 1) and the F.I.R. and various other documents placed on record (vide Exts-PW1 /A, Public Witness 8/B and Public Witness 8/C) is as under: that one Ghulam Mohammed who is a resident of House No.l584, Gali Peepal Wali, Pahari Bhojla, Turkman Gate, Delhi, made a statement on 17.10.88 at about 9.00 p.m. before SI Mahabir Singh (Public Witness 19) that he was a dealer and a manufacturer of umbrellas and has been carrying on the said business alongwith his borther-in-law known as Mohd. Rafique at Shop No. 1509, Situated at Pahari Rajan. He has got two wives known as Firdaus and Zohra Bi @ Noor Jahan. Mst. Firdaus has been residing at house No. 377.