SHAHDAB Vs. STATE

JUDGEMENT

(1.) Shahdab by the judgment under challenge dated 7th April, 2014 has been convicted under Sec. 302 of the Indian Penal Code, 1860 (IPC, for short) for having committed murder of Sameer, aged 9 years in the intervening night between 11th and 12th March, 2011. By order on sentence dated 8th May, 2014, appellant Shahdab stands sentenced to life imprisonment, fine of Rs. 10,000/ - and in default of payment of fine, to undergo Rigorous Imprisonment for six months. Sec. 428 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short), it is observed, would apply.

(2.) The aforesaid conviction arises out of FIR No. 67/2011 recorded at police station Aman Vihar at 12.20 p.m. on 12th March, 2011. The FIR itself is a graphic and we would like to reproduce the English translation of the same in entirety: -

(3.) The first information was communicated to Police Control Room at about 9.10 a.m. on 12th March, 2011 and got recorded in form No. 1, Ex.P -X, to the effect that a dead body of a child, aged about 8 -10 years, who was missing, was lying near Tyagi Property Dealers. At about 10.52 a.m. on the same date, the Police Control Room was informed by the police officer who had visited the spot, that dead body of one Sameer, son of Mohd. Moin Khan, aged 8 years with injuries on his head, possibly caused by a stone, has been found. One Shahdab was the purported perpetrator. The beat constables at about 10 a.m. had taken Shahdab with them. Crime Team had been called to the spot.