NAFE SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Whether the judgment should be reported in the digest" (Yes) Criminal Appeal No.338/2003 seeks to challenge the judgment and order dated 03.05.2003 in Sessions Case No.32/2001 arising out of FIR No.56/2001 police station Kapashera whereby learned Sessions Judge has held the appellant guilty for an offence of murder and convicted him under Section 302 IPC as also under Section 27 of Arms Act and has sentenced the appellant for life imprisonment under Section 302 IPC together with fine of Rs.10,000/- and in default rigorous imprisonment for one year. He also sentenced the appellant for three years rigorous imprisonment under Section 27 Arms Act along with fine of Rs.3,000/- and in default further rigorous imprisonment for six years.

(2.) Brief facts as have been noticed by the Additional Sessions Judge are as under:-

(3.) To bring home the guilt of the accused, the prosecution has examined 19 witnesses of which PW-1 is Phool Wati, wife of the deceased Babu Lal who testifies that a programme on the demise of the mother of Jagmal (the other accused who was also tried with the appellant but was finally acquitted) was arranged by Jagmal on 28.04.2001 and her husband had gone to attend the same. She testifies that liquor was served and when her husband came back he told her that an altercation had taken place between Jagmal and him (the deceased). She goes on to depose that on 29.04.2001 i.e. the following day Jagmal came to their house at about 8/9 a.m. and called her husband. In spite of her warning, her husband left along with Jagmal. Shortly thereafter she heard a commotion in the gali and came out to learn that Nafe had shot her husband.