VAHID ALI @ DEVA Vs. STATE

JUDGEMENT

(1.) This is an appeal arising out of judgment and order of Additional Sessions Judge, Delhi in Sessions Case No. 119/2001 whereby the learned Judge by an order dated 17th December 2003 has held appellant guilty for the offence punishable under Section 302 IPC for the murder of Laxmi and further by his order order 22nd December 2003 has sentenced the appellant to undergo life imprisonment and to pay a fine of Rs.5,000/- and in default simple imprisonment for one year.

(2.) The facts of the case as noticed by the learned trial Court are as follows:-

(3.) The prosecution in order to establish its case examined twenty one witnesses. PW-6 Mahabir is the father of the deceased who is the eye witness of the occurrence. The learned trial Court on the basis of the relevant material before it and on a careful analysis of the evidence adduced came to the conclusion that PW-6 was a reliable witness and was an eye witness of the occurrence. This statement is corroborated by the deceased in the MLC as also in the rukka which is the statement of the deceased recorded by the IO on being declared fit to make statement. The Court after careful examination held that the prosecution had been able to establish its case beyond shadow of doubt.