SHAUKAT ALI ALIAS BECHAN Vs. STATE OF DELHI

JUDGEMENT

(1.) Criminal Appeal No. 739 of 2003 seeks to challenge judgment and order of the learned Additional Sessions Judge, New Delhi, in Sessions Case No. 16 of 2002, arising out of F.I.R. No. 555 of 2001, registered at Police Station Okhla Industrial Area, whereby learned judge vide his judgment dated 7.8.2003 has held the appellant, Shaukat Ali @ Bechan, guilty under Section 302 IPC for murder of Shamshad. Further, vide separate order dated 7.8.2003, has sentencedthe appellant to imprisonment for life together with fine of Rs. 500/- under Section 302 IPC and in default of payment of fine, further Simple Imprisonment for three months.

(2.) Brief facts of the case as have been noted by learned Additional Sessions Judge in his judgment under challenge are as follows:-

(3.) Prosecution in order to establish its case examined as many as 15 witnesses. Of these, PW-1, Javed, is the eye-witness. PW-2 is Vijay, the neighbourer. PW-3, Dr. Arun Kumar Agnihotri, Senior Resident, Department of Forensic Medicine, A.I.I.M.S., proved MLC of deceased, Shamshad, Exhibit PW 3/A. PW-4, Head Constable Hoshiyar Singh, was working as a Duty Officer on 7.10.2001 and proved DD No. 34-B, Exhibit PW 4/A, rukka, Exhibit PW 4/B and copy of F.I.R., Exhibit PW 4/C. PW-5, Constable Yogesh Kumar, accompanied SI Lokesh Sharma (PW-9A) to A.I.I.M.S. Hospital. PW-6 is Constable Dilawar Singh. PW-7, Dr. Varun Dixit, Junior Resident, A.I.I.M.S., conduced postmortem examination on the dead body of Shamshad and proved his reports Exhibit PW 7/A and PW 7/B. PW-8 is Constable Dharmender Kumar, who took the dead body for postmortem examination, received the samples and handed over the same to the IO vide memo Exhibit PW 8/A. PW-9 is Jainnudin. PW-9A is SI Lokesh Sharma. PW-10, SI Nirbhay Sharma, proved application for opinion, Exhibit PW 10/A. PW-11 SI Mahesh Kumar, Draftsman, Crime Branch, prepared site plan, Exhibit PW 11/A. PW-12, Mohd. Gunni, father of the deceased, identified the dead body and proved his statement Exhibit PW 12/A. PW-13, Mohd. Kamal, identified the dead body and proved his statement, Exhibit PW 13/A. PW-14 is Constable Pramod Kumar. PW-15 is Head Constable Sompal Singh.