SHAHEED Vs. STATE

JUDGEMENT

(1.) Shaheed has been convicted for the offence punishable under Section 304 -II IPC and has been sentenced to undergo RI for 7 years and pay fine in sum of Rs.10,000/ -, in default to undergo simple imprisonment for 1 year.

(2.) The case of the prosecution would rest on the testimony of Ms.Aisha PW -7, the wife of the deceased and that of Sonu PW -11, the nephew of the deceased. Aisha claims to be an eye witness.

(3.) As per her testimony she and her husband were running a tea stall at their residence and at 7:00 PM on October 23, 2012 her husband was inside the shop and she was outside preparing food. Three boys Shaheed, Maharaj and the third also named Shaheed (the appellant) were inside the shop. Her husband was struck with a hammer and the three boys fled. Identifying the appellant who, was the sole accused tried because the other two absconded and could not be arrested, she said that the appellant was the one who struck the hammer blow. She said that there were three other boys named Salam, Zaidul and Haroon who were present but the police did not record their statements.