MOHD. MUSTAQ Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) MOHD . Mustaq, by this first appeal, challenges his conviction vide impugned judgment dated 20th October, 2010, for murder of Manju and pilfered valuables and cash, on 1st September, 2006, under Section 302 and 392 of the Indian Penal Code, 1860 (IPC, for short). By the order of sentence dated 27th October, 2010, the appellant has been sentenced to life imprisonment for the offence under Section 302/34 IPC and Rs.10,000.00 as fine with stipulation that he will undergo Simple Imprisonment for six months in case of default in payment of fine, and Rigorous Imprisonment for ten years and fine of Rs.7,000.00 with the condition that in case of default of payment of fine shall undergo Simple Imprisonment of four months for the offence under Section 392/34 IPC.

(2.) AT the outset, we may notice that two other accused, Mehtab and Habibullah, were chargesheeted but could not be arrested and brought to trial. They were declared as Proclaimed Offenders (PO). We record that homicidal death of the deceased Manju, on 1st September, 2006, because of injuries caused between 8.30 A.M. to 11.30 A.M., on ground floor of D-1/20, Sita Puri, Part-I, New Delhi remains undisputed. Dr. Anil Shandil (PW-4), posted as Senior Resident, Department of Forensic Medicine, DDU Hospital, New Delhi, has proved the inflicted injuries on deceaseds body, found after due examination conducted during the post mortem on 2nd September, 2006. The Post Mortem Report (Ex.PW-4/A) delineates following injuries:

(3.) THE basic dispute pertains to the alleged involvement of the appellant, in the said crime and whether the prosecution has established case against the appellant beyond reasonable doubt. The prosecution case, on the involvement of the appellant, largely rests upon the statement of Devki Nandan (PW-1) husband of the deceased, Laxmi Kant Srivastava (PW-7), SI Maharaj Singh (PW-27) and Inspector Dharamvir Singh (PW-28).