MOHD AKHTAR Vs. STATE OF DELHI

JUDGEMENT

(1.) This is an appeal filed by the appellant challenging the judgment dated 27th September, 2004 delivered by the learned Additional Sessions Judge in SC No. 12/2001 convicting the accused/appellant under Section 302 IPC and sentencing him to life imprisonment. The case commenced on an FIR No. 574/2000 registered in the Police Station Malviya Nagar, New Delhi, under Section 302 of Indian Penal Code (hereinafter referred to as "IPC").

(2.) The facts of the case as alleged by the prosecution are as follows: The accused/ appellant (Md. Akhtar) and the deceased (Hasmat Ali) used to sleep in the same room in the premises of the industrial unit owned by Sudhir Kumar (PW 1) where they worked. At about 3.15 in the morning on the 9th of July, 2000 the accused is alleged to have stabbed the deceased repeatedly with a pair of scissors culminating in his death. In the meanwHile, alerted by the commotion, a large crowd of fellow workers of the accused and the deceased gathered outside the room. Since, the accused was scared of getting beaten up, he refused to open the door until the police arrived. The accused was questioned after the police arrived on the scene and identified themselves and he opened the door and the dead body and the blood-stained scissors were recovered from the spot.

(3.) The appellant/accused was represented through an Amicus Curiae namely Mr. Rajeev Nasim in the trial court. The Amicus Curiae during the course of the hearing stopped appearing in the trial midway and thereafter another Amicus Curiae was appointed namely Mr. R. C. Tiwari. The trial court found the offence under Section 302 IPC to have been made out and accordingly directed the conviction of the accused for Life Imprisonment and to fine of Rs. 1000/-, and in default to undergo further Rigorous Imprisonment for a period of three months.