SOHEL AHMED Vs. STATE

JUDGEMENT

(1.) Present appeal has been preferred by the appellant under Sec. 374 of the Code of Criminal Procedure against the judgment dated 25.07.2013 whereby the Additional Sessions Judge -01, Rohini, Delhi in Sessions Case No. 28/12 held the appellant guilty for the offences punishable under Ss. 302 and 324 of the Indian Penal Code read with Sec. 27 of the Arms Act and vide order dated 05.08.2013 sentenced him to undergo imprisonment for life and to pay a fine of Rs. 20,000/ - and in default of payment of fine simple imprisonment for six months for the offence under Sec. 302 of the Indian Penal Code. The appellant was further sentenced to undergo rigorous imprisonment for a period of 3 years with a fine of Rs.5,000/ - and in default of payment of fine simple imprisonment for three months for the offence punishable under Sec. 324 of the Indian Penal Code. The appellant was also sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs.5,000/ - and in default of payment of fine simple imprisonment for 3 months for the offence under Sec. 27 of the Arms Act. All the sentences were ordered to run concurrently.

(2.) The prosecution case in a nutshell is that on 18.12.2011, an information was received in PCR that one person had been stabbed in a quarrel; that DD No. 49A was recorded to this effect and assigned to SI Kulvir Singh who along with Ct. Prakash reached at the spot where Ct. Vijender met him and produced the accused and stated that accused had stabbed Suresh Chand and his son and injured persons had been removed to the hospital; that SI Kulvir Singh recorded the statement of Suresh Chand to the effect that the accused along with Luvkush came to his house and asked to give Rs.100/ - and that when he refused to give him the money, the accused attacked him with a knife and stabbed him on his abdomen and right thigh; that Luvkush fled away from the spot; that when Suresh Chand called his son Laxman, he came from upstairs and tried to apprehend the accused but accused stabbed him also; that Suresh Chand and his son managed to apprehend the accused; that family members of Suresh Chand brought him to the hospital; that statement of injured Laxman was recorded and an FIR was registered under Sec. 307 of the Indian Penal Code and Sec. 27 of the Arms Act; that the accused was arrested and his confessional statement was recorded; that after 14 days injured Suresh Chand expired and the case was converted to Sec. 302 of the Indian Penal Code and Sec. 25/27 of Arms Act; that after completion of the investigation, charge sheet under Sec. 302/324 of the Indian Penal Code and Sec. 25/27 of Arms Act was filed.

(3.) To bring home the guilt of the accused and to prove its case, the prosecution examined 24 witnesses in all. The statement of the accused was recorded under Sec. 313 of the Code of Criminal Procedure wherein he reiterated his innocence and took a plea that at the relevant time, he was under the influence of intoxication and was called by one Luvkush at the place of incident where some public persons had indulged in attacking each other. No evidence was led by the appellant in his defence.