DANISH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24th February 2016 passed by the learned Additional Sessions Judge-02 (South-East), Saket Courts, New Delhi in Sessions Case No.74 of 2012 arising out of FIR No.241 of 2012 registered at Police Station ("PS") Hazrat Nizamuddin, New Delhi, convicting the Appellant for the offence under Section 302 of the Indian Penal Code ("IPC") and the order on sentence dated 25th February 2016 whereby for the said offence, he was sentenced to rigorous imprisonment ("RI") for life along with fine of Rs. 5,000/-, and in default of payment of fine, to undergo simple imprisonment ("SI") for six months.

(2.) It must be mentioned at the outset that the Appellant was sent up for trial along with his mother Maimo, who was convicted by the trial Court by the same impugned judgment for the offence punishable under Section 201 IPC and sentenced to undergo RI for a period of 5 years along with fine of Rs. 2,000/-, and in default of payment to undergo SI for three months. The Court in this judgment is dealing only with the appeal filed by the present Appellant.

(3.) The charge against the present Appellant was that at 5.30 pm on 24th July 2012, at H. No. A-47 Kotwali Masjid Basti, Hazrat Nizamuddin, New Delhi, he murdered his father Sadruddin ("the deceased") by cutting his throat. As far as Maimo is concerned, she was charged for having caused disappearance of the evidence of the murder by wiping blood from the floor in order to screen the present Appellant, thereby committing an offence punishable under Section 201 IPC.