SHAMIM Vs. STATE

JUDGEMENT

(1.) THE appellant Shamim and one Anzar (who was subsequently declared juvenile), were prosecuted for murder of Ashraf in the intervening night between 24th ­ 25th August, 2007. The impugned judgment dated 19th October, 2010, convicts the appellant under Section 302 IPC as well as Section 392 read with Section 34 IPC for murder and robbery. By order on sentence dated 30th October, 2010, the appellant Shamim has been sentenced to rigorous imprisonment for life and fine of Rs.5000/ - for the offence under Section 302 IPC, and in default to undergo rigorous imprisonment for three months. Similarly, rigorous imprisonment for 6 years and fine of Rs.3000/ - and in default rigorous imprisonment for two months, has been imposed for the offence under Section 392 read with Section 34 IPC. The sentences were/are to run concurrently.

(2.) THE factual position that Ashraf had died during the intervening night of 24th ­ 25th August, 2007 and his dead body was found in the morning at premises No. 2158 -59, Farid Book Depot, MP Street, Delhi, where he was working as Chowkidar, stands established in view of the testimonies of Mobin Khan (PW2) the first informant, Mohd. Aziz (PW3) who had a tea shop near the place of occurrence and Nasir Khan (PW13) the owner/proprietor of Farid Book Depot. In addition to these three witnesses, we also have testimonies of SI Pradeep Meena (PW4), first police officer visiting the spot and the initial Investigating Officer; and Insp. Shri Kishan (PW19) who was SHO, Chandni Mahal ­ the second Investigating Officer. Post mortem on the body of Ashraf was conducted on 26th August, 2007 by Dr. Vijay Dhankar (PW1). The dead body had been identified, as deposed to by Mohd. Imtiaz (PW5) and Zial U Haq (PW6). As per the post mortem report, the deceased had following injuries:

(3.) TO avoid prolixity, we will be referring to the arguments and contentions raised by the appellant while dealing with the evidence itself on the aforesaid aspects.