RAFIQ AHMED Vs. STATE

JUDGEMENT

(1.) Rafiq Ahmed and Musharraf Ali were convicted under Section 302/34, Indian Penal Code, for the murder of Parkash Chand and sentenced to imprisonment for life. They were also convicted under Section 307/34, Indian Penal Code, for stabbing Suresh Kumar Public Witness . and each of them was sentenced to rigorous imprisonment for three years and a file of Rs. 200.00 . Each of them was also convicted under Section 27 of the Arms Act and sentenced to rigorous imprisonment for one year. All the substantive sentence awarded to them were directed to run concurrently. They now appeal against their convictions and sentences.

(2.) The prosecution case is this. Sardari Lal, Suresh Kumar, Parkash Chand deceased and another Parkash Chand, members of the territorial army, were in Delhi in connection with the railway strike. They were staying in their barracks near Red Fort. On April 7, 1974 at about 7 P.M they were coming back to their barracks from Chandni Chowk. When they reached the crossing of Subhash Marg and Khas Road, the two appellants came there. Rafiq put his hand on Sardari Lal's wrist watch. Sardari Lal pulled back his hand and there was an altercation. Both the Appellants took out their laives when Sardari Lal and others wanted to catch hold at the appellants. Rufiq stabbel Suresh Kumer in the stomach, whereas Musharraf stabbed Parkash Chand (deceased). Thereafter the appellants ran and were chased by Sardari Lal and Parkash Chand (This Parkash Chand was not injured). The appellants thereatened to kill them and so they gave up the chase. Sardari Lal and Parkash Chand noticed that a person standing on the other side of the road exhorted the appellants to run away. Parkash Chand and Sardari Lal took Suresh Kumar and Parkash Chand (deceased) to a hospital run away the army in the Red Fort.

(3.) On April 11, 1974 the sub-inspector arrested Rafiq Ahmed, Musharraf Ali and one Mohd. Mursaleen on the basis of a secret information. He warned the accused to cover their faces as they would be needed for investigation. They were produced before the Magistrate and sent to judicial lockup to await test indentification parade. On April 17, 1974 the sub-inspector requested the Magistrate to fix a date for test identification parade. The Magis- trate fixed April 20, 1974, However, on that date the sub-inspector requested the Magistrate to fix another date since Suresh Kumar injured was not fit to leave the hospital. The Magistrate fixed April, 27, 1974 for the parade, On April 27, 1974 the sub-inspector again requested the Magistrate to fix another date because of the physical condition of Suresh Kumar. The Magistrate now fixed May 4, 1974 for identification parade at Central Jail, Tihar. On May 4, 1974 only Sardari Lal and Parkash Chand went-to the Central Jail since Suresh Kumar was still unfit to move out of the hospital. The accusd, however, refused to take part in the parade on the ground that they have been photographed and have been shown to the witnesses. .