ASLAM Vs. STATE

JUDGEMENT

(1.) Aslam, in this appeal, challenges his conviction under Section 302 of the Indian Penal Code, 1860 (IPC, for short) as the perpetrator who had shot Samiullah at about 4 A.M. on 24th August, 1994 by the impugned judgment dated 11th November, 1997.

(2.) By the impugned order on sentence dated 12th November, 1997, the appellant has been sentenced to undergo imprisonment for life and pay a fine of Rs.2,000/- under Section 302 IPC, and in default of payment of fine, he has to further undergo rigorous imprisonment for two months. The appellant has also been sentenced to rigorous imprisonment of two years and a fine of Rs.1,000/- under Section 27 of the Arms Act, 1959. In default of payment of fine, he has to undergo rigorous imprisonment for one month. The sentences are to run concurrently.

(3.) The impugned judgment dated 11th November, 1997 primarily relies upon the dock identification of the appellant by the eye witnesses Shahjahan (PW-1) and Rehana (PW-2), wife and daughter of the deceased, respectively. In addition, the second primary evidence relied upon by the prosecution is recovery of the fire arm on the basis of the purported disclosure statement (Ex. PW-13/A) made by the appellant and the CFSL report (Ex.PW-19/A), which opines that the fired bullet recovered from the place of occurrence was fired from the pistol recovered (Ex. PW-13/1).