ALI HASAN Vs. STATE

JUDGEMENT

(1.) By order dated 8 th December, 2010, the appellant Ali Hasan stands sentenced to life imprisonment and fine of Rs.10,000/- for the offence under Section 302 of the Indian Penal Code, 1860 (IPC) arising out of FIR No.129/2007, Police Station Narela. It has been held that the appellant had committed murder of his step son Mohd. Anwar. The appellant, however, has been acquitted under Section 201 IPC and the State has accepted this portion of the judgment. The order on sentence dated 8th December, 2010 states that in case the appellant does not pay the fine of Rs.10,000/-, he shall undergo Rigorous Imprisonment for three months.

(2.) Learned counsel appearing for the appellant has challenged the conviction on the ground that there was delay in recording of the FIR as Mohd. Anwar, as per the prosecution version, had gone missing on 19th February, 2007. The FIR was registered on 2nd March, 2007 at about 9.30 P.M. It is submitted that there was no motive or cause for the appellant to finish and kill his step son Mohd. Anwar. Further the trial court erred in relying upon the purported earlier report/complaint dated 25th February, 2007 marked Ex.PW-2/B-2 and 7/B. It is stated that the so called complaint has been manufactured or created by the police to justify the delay in recording of the FIR and should be disbelieved as there is no daily diary entry of the complaint and for the alleged investigation thereafter being entrusted to ASI Karan Singh Dahiya, who had appeared as PW-10.

(3.) The first daily diary entry in the present case was recorded vide DD No.29A (Ex.PW-7/A) on 2nd March, 2007 at 6.20 P.M. The said DD entry records that information had been received from a PCR van that a dead body of a child was lying in the bushes near CRPF Camp, Narela-Bawana Road. Name of the child was not mentioned. The police thereafter got activated.