LAWS(DLH)-2018-8-395

MOHD SALEEM Vs. STATE

Decided On August 27, 2018
MOHD SALEEM Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The present appeal has been preferred by the appellant convict to assail his conviction by the learned ASJ-3, South District, Saket Courts, New Delhi in Sessions Case No.87/2014, arising out of FIR No. 157/2011, registered at PS Safdarjung Enclave, under Sections 302/309IPC. By the impugned judgement dated 26.02.2016, the appellant stands convicted of the offence under Section 302IPC while he has been acquitted under Section 309IPC. Vide order dated 04.03.2016, he has been sentenced to life imprisonment with fine of Rs. 20,000/-. In default of payment of fine, he shall undergo simple imprisonment for one year.

(2.) The background facts of the case taken note of in the impugned judgment read as follows:

(3.) The Trial Court has convicted the appellant under Section 302IPC on the basis of his extra judicial confession made by him before PW21 and thereafter before PW22, who are both doctors at AIIMS, New Delhi. PW22 was working as Sr. Resident Psychiatry at AIIMS. At the instance of the appellant the dead body of the deceased was recovered. The weapon of offence, namely, the razor was also recovered at his instance.