SHAHJAHAN AND ORS. Vs. STATE

JUDGEMENT

(1.) By the judgment under challenge dated 11th September, 2014, the appellants Shahjahan, Sikandar and Rashid have been convicted (i) under Section 302 read with Section 34 IPC of the Indian Penal Code, 1860 (for short, IPC) for murder of Aziz-ul-Hassan @ Munna and Reshma; (ii) under section 307 read with Section 34 IPC for having caused stab injuries on Nadeem, Musharraf, Sharafat and Ishrat Ali; and (iii) under section 452 read with Section 34 IPC for having trespassed in house No.2066, Gali No.21, New Mustafabad, Delhi, having made preparation for causing hurt and assaulting Musharraf and others.

(2.) By the impugned order on sentence dated 20.9.2014, the three appellants have been sentenced to life imprisonment, fine of Rs.20,000/- and in default to undergo simple imprisonment for six months for the offence under Section 302 read with Section 34 IPC.

(3.) The prosecution version as ensconced in the impugned judgment is predicated on the testimonies of the six eye witnesses, namely, Musharraf (PW-1), Nadeem (PW-2), Tabassum (PW-3), Ishrat Ali (PW-4), Sharafat Ali (PW-5) and Mohd. Zakir (PW-6). Out of the said six witnesses, Musharraf (PW-1), Nadeem (PW-2), Ishrat Ali (PW-4) and Sharafat Ali (PW-5) had suffered injuries in the said occurrence. These four witnesses, Tabassum (PW-3) and Mukeem (PW-8) have also deposed as to the motive and the reason for the trespass and assault. To avoid repetition and prolixity, we are not individually referring to the testimonies of PW-1 to PW-5 mentioned above, but would like to reproduce in brief their versions which are substantially in seriatim on most material aspects. For the reasons set out below, we have separately examined testimony of Mohd. Zakir (PW-6).