USMAN Vs. STATE

JUDGEMENT

(1.) WITH respect to the testimony of Fahimuddin PW -1, Jamaluddin PW -2, the brothers of deceased Taufiq Alam @ Sonu and Mohan Singh PW -3, the owner of house RZ -336/21, Tuglakabad Extn. Delhi, in a room whereof dead body of Taufiq Alam was recovered in the morning of January 21, 2008, the learned Trial Judge has held that the prosecution has successfully established that appellant Usman was last seen in the company of the deceased Taufiq Alam whose dead body was recovered from the room taken on rent by the appellant from Mohan Singh. Their testimony has been further relied upon with reference to the testimony of SI Ashok Giri by the learned Trial Judge to conclude that the prosecution has established the appellant absconding from his residence.

(2.) THAT Mohd.Taufiq Alam died a homicidal death in the room taken on rent by the appellant from Mohan Singh has not been questioned by the learned counsel for the appellant for the reason not only have the witnesses so proved, but when examined under Section 313 Cr.P.C. the appellant took the stand that he had been implicated only because of the fact that the dead body of Mohd.Taufiq as recovered from his room. (The answer to question No.29). Further, in response to question No.3, the appellant said that he had left the tenanted room to go to his village on January 18, 2008. Under question No.3, the incriminating circumstance put to the appellant was of being seen in the building where he was residing as a tenant on January 19, 2008.

(3.) MOHD .Taufiq's dead body was noticed in the morning of January 21, 2008 in the room taken on rent by the appellant from the landlord Mohan Singh when PW -1 and PW -2 peeped through the window inside the room because Vishnu PW -6, who resided in the opposite building, told them in the morning, when he met them as the two were searching for their brother, and informed them that last evening he had seen their brother in the company of the appellant.