NASIR Vs. STATE

JUDGEMENT

(1.) THE appellant stood trial in sessions case No. 2/1998 on the charge that on 24.08.1997, fifteen minutes past midnight he had committed the murder of Rafiq by intentionally causing stab injuries. By judgment dated 05.11.1998 he was held guilty and convicted, as charged, primarily on the basis of eye -witness account of Munna (PW -1) and Mohd. Mumtaj (PW -2). By order dated 09.11.1998, the learned trial court sentenced him to imprisonment for life with fine of Rs. 1500/ -, in default further rigorous imprisonment for two months. He challenges the said judgment and order on sentence through the appeal at hand.

(2.) ON 24.08.1997 at 01:55 hours Rafiq son of Chhote Khan (the victim), aged 32 years, resident of House no. 79, G -Block, New Seelampur, Delhi was brought to the casualty of Swami Dayanand Hospital, Shahdara ("the hospital") by a neighbour Mohd. Akhtar (PW -5), in poor general condition, restless, semi -conscious and in a critical state, with a number of incised wounds. He was examined against medico legal report (MLC) (Ex.PW -7/A) by Dr. Usha Bagga (PW -17). He was declared dead, during treatment in the hospital, at 0230 hours. The First Information Report (Ex.PW -8/B) was recorded by head constable Prem Chand (PW -8) at 0330 hours on the same day, on the basis of rukka (Ex.PW -8/A) sent at 03:00 hours by ASI Mahmood Ali (PW -15), founded primarily on the statement (Ex.PW -1/A) of Munna (PW -1) claiming to be the eye -witness naming the appellant to be the assailant.

(3.) MOHD . Akhtar (PW -5) is a local resident, his house being 6 or 7 houses away from the chowk of G -block in the same locality. His testimony that he had found Rafiq lying in injured condition fifteen minutes past midnight of the night intervening 23rd and 24th August, 1997 has gone unchallenged. At the time of the incident, he was sleeping inside the house. His attention was drawn by the noise of commotion in the wake of the occurrence. He shifted the injured Rafiq in an auto rikshaw (TSR) to the hospital. This fact is confirmed by the MLC (PW -17/A) proved by its author (PW -17).