SHAHNAWAJ @ SONU Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) By this appeal filed under Section 374(2) of Cr.P.C. the appellant Shahnawaj @ Sonu seeks to challenge the judgment dated 3rd October 2009 and order on sentence dated 9th October 2009 passed by the Additional District Judge (North-East), Karkardooma Courts, Delhi, whereby the appellant was convicted for committing an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life together with imposition of fine of Rs.30,000/- and in default thereof to undergo simple imprisonment for a period of one month.

(2.) The case in hand relates to the murder of a child named Mohd. Sami @ Nanhe aged about 10-11 years who as per the prosecution case was accompanying the appellant for going to the gym. The exact prosecution story as unfolded by the charge sheet filed by the prosecution is as under:-

(3.) Addressing arguments on behalf of the appellant, Thakur Virendra Pratap Singh Charak, Advocate contended that the prosecution has failed to establish any motive on the part of the appellant behind the murder of the deceased Mohd. Sami @ Nanhe. As per the counsel, different theories were propounded by the prosecution to establish motive on the part of the appellant in carrying out the murder of the deceased and these theories have been rejected by the learned trial court. First theory propounded by the prosecution as per the counsel was the alleged illicit relationship of Sanjida and Mohd. Azam (Accused No.4, declared proclaimed offender) and threat of their illicit relationship getting exposed at the hands of deceased Mohd. Sami @ Nanhe which resulted in hiring of the killers by Azam to physically eliminate Mohd. Sami @ Nanhe. The other theory propounded by the prosecution is that about eight months prior to the date of incident, a quarrel had taken place between the deceased Mohd. Sami @ Nanhe and his brother Sunny on one side with the boy named Tahir resident of the neighbourhood on the other and during that squabble, Tahir had threatened that he would kill them, the same has been testified by PW-1 and PW-3 in their evidence. Third theory propounded by the prosecution was that PW-3, Sunny had some quarrel with accused Shahnawaj @ Sonu on account of cassettes, about one and a half months prior to the occurrence of the incident, due to which accused Shahnawaj @ Sonu had harboured jealousy against him.