MOHD. FAZAL Vs. STATE

JUDGEMENT

(1.) THESE appeals including Crl. Revision Petition filed by Naseem Bano arise out of a common judgment dated 17 th March, 2009 in Session Case No. 70/2003, relating to FIR No. 167/2003 P.S. Hazrat Nizamuddin. By the said judgment, Suraiya and Mohd. Fazal have been convicted under Section 302 read with Section 120 -B of the Indian Penal Code, 1860 (IPC, for short) and Mohd. Fazal and Mohan Seth have been convicted under Section 201/34 IPC. Noor Ahmed, Rahil and Mohan Seth have been acquitted for offences under Section 302 read with Section 120B IPC and the State has filed Crl. Appeal No. 1231/2010 seeking reversal. Criminal Revision Petition No. 361/2009 is with a similar prayer i.e. it seek conviction of Noor Ahmed, Rahil and Mohan Seth under Section 302 read with Section 120B IPC.

(2.) SURAIYA is wife of Noor Ahmed and Rahil is their son. Mohd. Fazal is brother of Suraiya. Mohan Seth, it is claimed is their friend.

(3.) THERE is also evidence that on 6th April, 2003, the deceased along with others had tried to raise a boundary wall on the disputed property, which was objected to by Noor Ahmed, Suraiya etc. and as a result, complaints were made to the police, which were recorded as DD entries no. 10A (Ex PW 3/A/Ex.PW8/D) and 16A. Noor Ahmed in reply to question Nos. 5, 6 and 7, in his statement recorded under Section 313 Criminal Procedure Code, 1973 (Cr.P.C., for short) had accepted the aforesaid factual position and had accepted that he was called to the police station on 6th April, 2003. Police officers had advised the parties to patch up and resolve their disputes. Suraiya in response to question No. 5, in her statement under Section 313 Cr.P.C., accepted that there was a transaction for sale and purchase of plot No. 15/1, Jaipur Estate, Nizamuddin between her and Shakeel ur Rehman but, denied having received Rs.1 crore. Similarly, appellant Mohd. Fazal had stated that there was a transaction between Suraiya and Shakeel ur Rehman for purchase of property but denied payment of Rs.1 crore to Suraiya by Shakeel ur Rehman. Rahil, son of Noor Ahmed and Suraiya, however, in his statement under Section 313 Cr.P.C. stated that ,,this was incorrect and ,,he had no knowledge. Similar stand has been taken by Mohan Seth in his statement under Section 313 Cr.P.C.