STATE Vs. JAMEEL AHMED

JUDGEMENT

(1.) DEATH Sentence Reference No. 2 of 2006 and Criminal Appeal No. 205 of 2007 arise out of the judgment of the Additional Sessions Judge, Delhi in Sessions Case No. 103 of 2002 arising out of F.I.R. No. 79 of 2001, registered at Police Station Railway Main Delhi, whereby learned judge vide his judgment and order dated 19.05.2006 has held the appellants guilty for an offence under Section 302/34 IPC. Further by his order dated 25.05.2006, awarded death sentence to Dr. Jameel Ahmed and Dilshad for an offence under Section 302/34 IPC. He, however, acquitted the appellants under Sections 120 -B/201/34 IPC. The judge also acquitted Fazludeen and Ahsan of all charges framed against them.

(2.) BRIEF facts of the case as have been narrated by the learned Additional Sessions Judge are as under:

(3.) PW -7, Fajlu Rehman, has deposed that he was a rickshaw puller and that about one and a half year ago, he had taken a passenger in rickshaw to Kandla city from bus stand. The police met him at the bus stand and made enquiries about his name. He stayed along with police for about 5 -10 minutes. He too does not support the prosecution's case. PW -8, Dinesh Kumar, who deposes that on 27.2.2001, Jameel had telephoned his father Giani Ram to reach Kandla Village, District Muzhafar Nagar. Jameel had established an ice factory and required his father, Giani Ram, to bring one lac of rupees along with him. The witness deposes that his father left for Kandla, however, he did not call back on that day nor the following day. On 1.3.2001, his uncle (Tau), Nanak Chand, left for Kandla and came back to Delhi on the morning of 2.3.2001. On the evening of 2.3.2001, he along with his friends Hari Om, Ashok Kumar and Rajender left for Kandla. He made enquiries from Jameel who told him that his father had left in the morning of 28.2.2001. In the morning of 3.3.2001, he took Jameel with him to Police Station Kandla. The witness gave a complaint in writing about the missing of Giani Ram. He saw some poster at Police Station Baraut and told Jameel that the said photo appears to be that of his father. They went to Police Station Loni where he came to know that a dead body had been recovered at Railway Delhi Main. He goes on to say that he along with Jameel then came to Village Rithala. On 11.3.2001, Inspector came to his house and showed him some photographs. Nanak Chand, his uncle, was also there. The witness along with Nanak Chand then went to mortuary Subzi Mandi where he identified the dead body of his father. His statement was recorded Exhibit PW 8/A and he received the dead body vide memo Exhibit PW 8/B. On 27.3.2001, he along with Jameel and Dilshad went to Kandla. Some links of the strap of the wrist watch were recovered from near the drain in the heap of kura. The links got identified as belonging to his father. In cross -examination, he states that his father used to do the work of welding and from that business only their household expenses were met. He also states that accused Jameel had been visiting their house and his wife also came once, however, families of Jameel and the deceased were having friendly relations for the last six years. He states that he had identified the pieces of chain as he had seen his father wearing the same. There is no specific mark on the chain. At the time of recovery, he was not present but pieces of chain were shown to him later on. It was in crushed condition.