LADDAN Vs. STATE

JUDGEMENT

(1.) The appellant-Laddan assails the impugned judgment dated 2nd February, 2012 and order on sentence dated 4th February, 2012 passed by the learned Additional Sessions Judge-03 (NE), Karkardooma Courts, Delhi in case FIR No.330/2007 under Sections 307/302 of the Indian Penal Code (hereinafter referred to as "IPC?) whereby the appellant has been convicted for the offence under Section 302 IPC. Vide order on sentence dated 04.02.2012, he has been sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.5,000/-, in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) Briefly stated the case of prosecution is that on 17.07.2007, on receipt of DD No.12A, ASI Prem Pal along with Constable Raj Kumar reached GTB Hospital, he collected MLC of one Shahid and recorded his statement wherein deceased Mohd. Shahid stated that he was doing the business of manufacturing chappals in partnership with the appellant in the factory situated on the ground floor of House No.119, Gali No.4, Kardampuri, Delhi. He was residing on the second floor of the said house while the first floor was occupied by the appellant and there was some dispute going on between him and the appellant. Appellant used to demand money from him though appellant owed him a lot of money. The appellant used to pressurize him to dissolve the partnership and to sell the aforesaid house which was in their joint name and due to this reason some dispute arose between them. On 17.07.2007, the appellant called him to his room and again brought up the topic of sale of the house. When he refused for the same, the appellant got enraged and started hurling abuses at him and all of a sudden held his hair with one hand from behind. At this, he shrieked with pain and with the other hand, the appellant forcibly put some tablets into his mouth and covered his mouth and nose forcefully. He felt suffocated and the tablets slid down his throat and the appellant uttered "Tu makaan nahin bikne de raha tera kaam tamam ker deta hoon?. After swallowing the tablets, he felt terrified. He raised an alarm and on hearing the alarm, workmen, his brother Wasim and nephew Taufiq reached the spot and on seeing them, the appellant fled from there and he disclosed to them that the appellant had forcibly administered poisonous tablets to him. Thereafter, Wasim and Taufiq rushed him to the hospital in a TSR where after recording his statement, ASI Prem Pal got the case registered under Section 307 IPC. He also seized gastric lavage of the deceased. ASI Prem Pal inspected the spot and prepared the site plan at the instance of Wasim. From the spot, he seized one metallic container labelled as "Aluminium Phosphide 56%? Quick Phos containing three tables. Subsequently on receipt of DD No.56B regarding death of the deceased, investigation was marked to Inspector Hira Lal. Viscera was preserved by the doctor, blood sample and clothes of the deceased were seized by the police and the dead body of the deceased was sent for post mortem.

(3.) On completion of investigation, charge-sheet under Section 307/302 IPC was filed. Charge under Section 302 IPC was framed against the appellant to which he pleaded not guilty and claimed trial.