NOORUDDIN Vs. STATE

JUDGEMENT

(1.) Nooruddin and Shahid assail the judgment dated June 06, 2012 whereby they were convicted for offences punishable under Sections 302/34 IPC for the murder of Ikramuddin and the order on sentence dated June 07, 2012 directing them to undergo imprisonment for life and to pay a fine of Rs. 5000/- each.

(2.) The prosecution case rests on the testimony of two eye-witnesses Mohd.Faiyad PW-1 and Mohd.Akeel PW-2 which is assailed by the learned counsel for the appellants on the ground that Mohd.Faiyad and Mohd.Akeel were not present at the spot. Further even accepting the version of Mohd.Faiyad and Mohd.Akeel, the site plan would evince that they could not have witnessed the incident from the house of Mohd.Shahid. Even as per the case of prosecution Ikramuddin and Faiyad had gone to the house of Shahid and thus were the aggressors making probable the version of defence that Ikramuddin and Mohd.Faiyad came to the house of Mohd.Shahid along with 10/12 persons and in the melee who caused gunshot injury was not known. The weapon of offence has not been recovered till date. The story of the prosecution that Nawab gave pistol to Nooruddin who fired the shot and returned the same to Nawab is highly improbable. Further the prosecution version is falsified by the testimony of Mohd.Furkan PW-3. In the alternative it is contended that since the incident happened in a sudden commotion the appellants at best are liable to be convicted for the offence punishable under Section 304/34 IPC and thus they be released on the period already undergone.

(3.) The defence of the appellant Mohd.Shahid in answer to question 'as to whether he has to say anything else in his defence' is as under: