MOHD. ABID ALIAS BENGALI Vs. STATE

JUDGEMENT

(1.) MOHD . Abid @ Bengali by the impugned judgment dated 26th September, 2013 stands convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for having committed murder of Mohd. Illiyas on 3rd April, 2010 at about 1.40 a.m. under flyover at Karkari crossing. The conviction arises out of FIR No.135/2010, police station Jagatpuri, which was registered on 16th April, 2010 at 4.55 p.m. By order on sentence dated 5th October, 2013, the appellant has been sentenced to rigorous imprisonment for life and also to pay fine of Rs.1,000/ -, in default of which he has to undergo simple imprisonment for one month.

(2.) AS noticed in paragraph 1 above, the occurrence in question had taken place on 3rd April, 2010 at about 1.40 a.m. and the FIR in question was registered after nearly 13 days on 16th April, 2010 at 4.55 p.m. This delay in registration of FIR in the facts of the present case has created doubt on the involvement of the appellant in terms of the testimony of Arvind Singh (PW -14), who claims that he was an eye witness to the occurrence. PW -14s statement under Section 161 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) was recorded, as per the police version, on 17th April, 2010 i.e. after more than 14 days of the actual occurrence/incident.

(3.) THE question and issue raised is whether Arvind Singh (PW -14) is a reliable and credible witness? Did he see the said occurrence or is a planted witness? It is alleged that PW -14 had been prompted to make the said statement and implicate the appellant as the police was not able to solve the case in question. The appellant has been implicated as a soft target.