NAUSHAD ALI ALIAS NAUSHAD Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal No.39/2000 seeks to challenge the judgment/order of the Additional Sessions Judge, Delhi in Sessions Case No.462/ 96 where the learned Judge vide judgment/ order dated 29.11.1999 has held the appellant guilty under Section 302 IPC and further by his order dated 30.11.1999 sentence the appellant Naushad Ali to undergo imprisonment for life and pay a fine of Rs.5,000/- and in default of fine further RI for four months.

(2.) The brief facts of the case as noted by the learned Addl. Sessions Judge in his judgment are:-

(3.) Prosecution in order to establish the case examined as many as 22 witnesses. Of these PWs 4, 6, 8, and 9 are stated to be the eye witnesses. PW-8 Satinder Kumar has testified that on 10.6.1991 he was present at Jahangirpuri when Jatinder Kumar deceased offered him a lift on his two wheeler scooter no.DBZ-5686. This witness accompanied the deceased as a pillion rider. While passing the E-Block Jahangirpuri, this witness told Jatinder Kumar to stop the scooter as he wanted to purchase some medicines from a chemist there. Jatinder Kumar stopped the scooter in front of the chemist shop and while the witness went inside the chemist shop, he heard some commotion outside and turned back and saw Jatinder Kumar having altercation with one person. During the exchange of hot words, the other person stabbed Jatinder Kumar and inflicted 2/3 stab injuries on Jatinder Kumar. At that time he heard the chemist shout 'Naushad ko pakado'. He along with Dinesh, the chemist and one Dharam Pal chased the accused a short distance. This witness also states that he himself ran after the accused, however, the accused got away. The witness states that he had not clearly seen the person who had inflicted the injuries on the deceased. However, he states that he was informed of the name by the chemist Dinesh at that time. The witness, however, was unable to identify the accused. Thereafter he deposed to the procedure adopted by the police.