ABDUL HAMID Vs. STATE

JUDGEMENT

(1.) Abdul Hamid son of Abdul Wahid resident of 44/93, Lamnbi Gali, Hauz Qazi, Delhi, stands convicted of an offence under S. 302 of the Indian Penal Code by an Additional Sessions Judge, Delhi in Sessions Case No. 56/87 and sentenced to suffer imprisonment for life and to pay a fine of Rs. 1,000/- and in default to suffer S.I. for three months.

(2.) It is the case of the prosecution that on 26-1-1987 PW 1 Zamir Ahmed was playing gulli danda with PW 11 Bobby son of Pyare Lal in Lambi Gali, Hauz Qazi. At the time they were so playing the appellant came there along with one boy and he assaulted both PW. 1 Zamir Ahmed and PW 11 Bobby. Thereupon, Zamir Ahmed ran towards his house and on the way he met his uncle Hafeez Ahmed and Zafar Ahmed. He told them about the appellant having assaulted him. The appellant had also reached there and he assaulted PW 1 Zamir Ahmed in the presence of his uncles. At that time deceased Hafeez Ahmed had abused and scolded the appellant. Thereupon the appellant went away threatening that he would teach him a lesson and within five to ten minutes the appellant came back to the spot, armed with a big dagger-cum-chhuri and gave a blow of the same on the chest of deceased Hafeez Ahmed on the left side near nipple. When PW 1 Zamir Ahmed and PW 2 Zafar Ahmed tried to stop the appellant he brandished his dagger towards them and managed to run away. They had followed the appellant to some distance, meanwhile PW 4 Farooq came there and gave support to injured Hafeez Ahmed. Thereafter two rickshaws were called and in one of them Hafeez Ahmed was put and PW 4 Farooq took him to Jai Prakash Narain Hospital. Zamir Ahmed PW 1 and Zafar Ahmed PW 2 also went to the said hospital in the other rickshaw. When Hafeez Ahmed was admitted in the hospital PW 4, Farooq had given the information regarding the injuries sustained by him. PW/4 Farooq had asked the deceased on the way as to how he had sustained injury and deceased had told him that he was stabbed by the present appellant.

(3.) The constable on duty at the JPN Hospital gave intimation to the police station at Hauz Qazi about Hafeez Ahmed being admitted in the hospital with stab injury. P.W. 6 ASI Kishan Lal and PW 14 S.I. Mahinder Singh came to the hospital and they recorded the statement of PW 1 Zamir Ahmed. The doctor on duty had certified that injured Hafeez Ahmed was not in a position to make any statement. On the strength of the statement given by PW 1 Zamir Ahmed the First Information Report was registered at FIR No. 28/87. Thereafter spot memorandum was prepared. Statements of PW 2 Zafar Ahmed, PW 4 Farooq, PW 11 Bobby and others were recorded. The appellant was arrested on the night between 26-1-1987 and 27-1-1987. At his instance the weapon of offence, viz. dagger-cum-chhuri, which was cut into six pieces was also recovered and on completion of necessary investigation the appellant was charge-sheeted for the offence under S. 302 of the IPC.