RAFI ALIAS RAFIQ Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) Mohd. Rafi alias. Mohd. Rafiq was tried by an Additional Sessions Judge on the charge that he had on November 17, 1972 at Katra or Gali Marwari, Qasabpura, near Sadar Bazar, Delhi, had committed murder intentionally and knowingly by causing the death of Badru-din. The trial Judge found him guilty of the offence of murder and on December 1, 1973 sentenced him to death under section 302 of the Indian Penal Code. Against his conviction and sentence Mohd Raft has filed an appeal while the learned Additional Sessions Judge has made a reference, under provisions of section 374 of the Code of Criminal Procedure, for the sentence of death being confirmed.

(2.) Badru-din deceased was about 43 years of age and was a meat seller by profession. He was also chairman of the meat-sellers' Association.Admittedly they were also residents of the same locality, i.e. the Qasabpura.

(3.) The prosecution case was that Mohd Rafi had borrowed Rs. 50 from the deceased. On November 17, 1972 at about 10 p.m. in Gali Marwari, Qasabpura, Mohd Rafi and the deceased were present when Mohd Rafi was abusing and threatening the deceased. Riazuddin, Safiquddin and Mahiuddin, also residents of Qasabpura and meat sellers by profession, happened to come there and by intervening managed to separate Mohd Rafi. and the deceased. Those persons took Mohd Rafi to his house near that place and on returning from there enquired from the deceased as to what the quarrel was about. They were told by the deceased that he had given Rs. 50 as loan to Mohd Rafi and on his demanding the money back the latter started quarrelling with him. In the meantime Mohd Rafi again came to the place where they were talking with the deceased and was carrying a knife or Chhuri in his right hand. With the knife he at first gave a blow on the back of the deceased and then a second blow on the chest as soon as the deceased turned his body. After giving those blows Mohd Rafi ran away brandishing the knife in his hand to scare away any person who may have thought of pursuing him.