LAWS(DLH)-2007-3-199

MOHD AIZAZ Vs. STATE OF DELHI

Decided On March 08, 2007
MOHD.AIZAZ Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) Criminal Appeal 109 of 2001 seeks to challenge the judgment dated 20.11.2000 of the Additional Sessions Judge in Sessions Case No. 32/99 arising out of F.I.R. No. 922/98, Police Station Patel Nagar, whereby the learned Judge has held the appellant guilty under Section 302 IPC and further by order dated 21.11.2000 has sentenced the appellant to imprisonment for life with a fine of Rs. 15,000/-( rupees fifteen thousand) and in default of payment of fine to undergo rigorous imprisonment for a period of one year.

(2.) Brief facts of the case as noted by the learned Additional Sessions Judge are as follows:-

(3.) The Prosecution in order to establish its case examined as many as 13 witnesses. Of these PW-1, Lal Chand, is the complainant. He is the father of the deceased, Kalu and deposes to the effect that on 13.12.1998 his son Kalu had gone missing and he had lodged a report in the police station and subsequently, on the next day he lodged an F.I.R. He deposes that in his presence Mohd. Aizaz was apprehended from platform No. 12, Railway Station, Delhi. He further goes on to depose that on interrogation the accused made a disclosure statement which then led the police party to Ghaziabad, from where the dead body of Kalu was recovered, packed in a plastic bag and thrown in the bushes. This witness identified the dead body of his son.