NADEEM Vs. THE STATE NCT OF DELHI

JUDGEMENT

(1.) PRESENT appeal arise out of a judgment dated 20.11.2006 and order on sentence dated 25.11.2006 passed by the learned Additional Sessions Judge in Session case No. 26/06 by virtue of which the appellant has been convicted under section 302/364/201 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/ - for the offence punishable under Section 302 of the Indian Penal Code, and in default of the payment of fine to further undergo rigorous imprisonment for a period of one year. The appellant was also sentenced to undergo imprisonment for life and to pay a fine of Rs. 5000/ - for the offence punishable under Section 364 of the Indian Penal Code, and in default of the payment of fine to further undergo rigorous imprisonment for one year. The appellant has been further sentenced to undergo rigorous imprisonment for three year and to pay a fine of Rs. 2000/ - for the offence punishable under Section 201 of the Indian Penal Code, and in default of the payment of fine to further undergo rigorous imprisonment for six months. All the sentences were ordered to run concurrently.

(2.) THE facts of the case, as noticed by the learned Trial Court, are as under:

(3.) SHRI Ravinder Singh, MM, had recorded refusal statement of accused Nadeem, when he opted not to participate in the proposed TIP. He proved his refusal statement as PW8/A. Dr. S. Lal conducted autopsy on dead body of Umar Khan. He has proved his autopsy report as Ex.PW18/A and opined that death was caused on account of shock due to ante - mortem cut throat injury produced by a sharp edged weapon. He further opined that injuries were sufficient to cause death in ordinary course of nature.