RAFIQ Vs. STATE

JUDGEMENT

(1.) BY the impugned judgment passed on 01.05.2012 by the Additional Sessions Judge, South -East -01 in sessions case No. 51/2008, arising out of FIR No. 67/08 of Police Station Amar Colony ("the police station", for short), the appellant was held guilty, as charged, for the offences under Sections 302 and 307 of Indian Penal Code, 1860 (IPC) on the gravamen of he having committed the murder of Sanjeev @ Mota @ Padha Likha (hereinafter referred to as "the deceased") and having attempted to commit the murder of Munna Lal (the first informant of the case) on 26.02.2008 at about 10 PM beneath the Modi Flyover at Okhla. By subsequent order dated 15.5.2012, the learned trial court has sentenced the appellant to imprisonment for life with fine of Rs. 5,000/ - for offence under Section 302 IPC and rigorous imprisonment for 10 years with fine of Rs. 5,000/ - for offence under Section 307 IPC, also directing that in case of default in payment of fine, the appellant is to undergo further simple imprisonment for three months each on the two counts.

(2.) THE finding of guilty has been returned by the learned trial court primarily believing the ocular evidence of the first informant Munna Lal (PW -1), presented as the solitary witness to the incident. Feeling aggrieved, the appellant has preferred the appeal at hand pleading innocence and claiming false implication. Per contra, the respondent -State contests the appeal submitting that the evidence of PW -1 Munna Lal has been correctly believed since it finds corroboration from the attendant circumstances.

(3.) THE MLC of PW -1 indicates that he had come to the hospital at 11.02 P.M. with history of assault, having been beaten with sticks. PW -1 was smelling of alcohol and himself disclosed to the medical officer about intake of alcohol. He had a clean lacerated wound on the forehead of the size 3x2 cms, an abrasion on left cheek below the eye of size 3x3 cms, clean lacerated wound on the lower lip and also complained of tenderness of right lower chest. In the carbon copy of MLC (Ex. PW -21/A), prepared in the hand of Abhishek Kumar and proved in his absence by Dr. Sanjeev Bhoi (PW -21), a fifth injury has been added later to the effect that PW -1 had also suffered breakage of four front teeth. Presumably, on the basis of this last mentioned finding, the injuries suffered by PW -1 were later opined to be grievous in nature. The MLC indicates endorsement to the effect that PW -1 was not fit for statement, probably recorded around the time of his arrival in the hospital.