MOHD. SULEMAN Vs. STATE OF DELHI

JUDGEMENT

(1.) On 05.03.2008 at about 03:00 PM, the appellants Ahmad Sikander and Mohd. Suleman both sons of Mohd. Yusuf had committed the murder of the victim Mohd. Nazim. While Mohd. Suleman had caught hold of the victim, Ahmad Sikandar had inflicted stab injuries upon his body.

(2.) This incident was projected on a motive which was to the effect that earlier in the day at about 10:00 AM, Ahmad Sikandar had gone to the house of the victim and had demanded return of Rs.3,000/- which he had lent to him at the time of Eid; the deceased had stated that he does not have the money which had led to an exchange of heated arguments between the two; Sikander had left the place threatening to kill the victim.

(3.) This version of the prosecution was unfolded in the testimony of Mohd. Asim (PW-1), the real brother of the victim and who was a witness both to the incident of 10:00 AM in the morning as also the subsequent eye-witness account of 03:00 PM. It was in fact PW-1 who had removed the injured to the hospital in a rickshaw. The victim was taken to the LNJP Hospital. Nazim Khan (PW-16) who was also an eye-witness had accompanied PW-1 to the hospital. The victim had succumbed to his injuries on that day itself at 07:40 PM.