DILSHAD Vs. STATE

JUDGEMENT

(1.) Dilshad has been held guilty of murder of Mohd.Akram on the strength of statements of eye-witnesses Hazi Hamidar Khan PW-8, Mohd.Iqbal PW-11 and Mohd.Arshad PW-12, recovery of knife, the weapon of offence at his instance and the post-mortem report corroborating the version of the eye-witnesses vide the impugned judgment dated 20th July 20, 1999. Vide order dated July 24, 1999, Dilshad has been directed to undergo imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine, to undergo further rigorous imprisonment for one year.

(2.) Dilshad assails the conviction on the ground that the witnesses are planted and inimical to him. There is delay in registration of FIR. He was neither named in the FIR nor arrested at the spot and thus he is entitled to be acquitted. In the alternative, it is contended that at best even believing the prosecution witnesses, the fight took place on the spur of moment and hence offence punishable under Section 304 IPC is only made out.

(3.) Dilshad had also taken the plea of juvenility claiming that he was below 16 years of age on the date of alleged incident and thus could not be tried by the Court concerned. A report was called from the Medical Board of the AIIMS which opined the age of Dilshad to be between 40-45 years on the date of examination i.e. May 13, 2014. In light of this opinion of the Medical Board, this Court has already held that he was not a juvenile on the date of commission of the offence.