SHAMSHAD ALI Vs. STATE

JUDGEMENT

(1.) Conviction recorded for the offence under Section 302 Indian Penal Code and sentence to suffer rigorous imprisonment for life in F.I.R. No.358/90, Police Station Tilak Nagar -- Sessions Case No.206/90 -- by the learned Additional Sessions Judge, Delhi have been assailed in this appeal under Section 374 of the Criminal Procedure Code (hereinafter referred to as "the Code") by the appellant-convict Shamshad Ali son of Mohd. Soleman.

(2.) As revealed, the prosecution case is that one Munshi Ram resides at and plies Rehri (hand card) in Khyala on the road near Vaishno Devi Madrasi Temple for selling eggs; that Shamshad Ali had a cycle repairing shop on the footpath of the said road and near the shop of Shamshad Ali, deceased Govind Singh alias Gopi Singh also used to repair the cycle. On the fateful day of 28.6.1990 at about 7.45 p.m. Shamshad Ali told Govind Singh not to repair cycle near his shop. This led to exchanges between the two and Shamshad Ali lifted scissor which is used for repairing the puncture in the tube of the tyre fitted in the cycle and also told Govind Singh that he would not spare him and attacked Govind Singh on his chest 3-4 times with the scissors as a result of which Govind Singh received injuries and fell down.

(3.) At 8.05 p.m. DD No.16-B was received at P.S.Tilak Nagar from the Police Control informing that the wireless operator has reported that one person has been stabbed with the scissors near the bus stand of route No.830 at Khyala and he is seriously injured; that he is being removed by van and requested that some officer may be sent; that on receipt of the wireless message the report was entered into Rojnamcha and copy of the report for taking proper action was handed over to S.I. Ram Rattan, who along with Const.Atma Ram, No.771/W left for the inquiry. Thereafter statement of Munshi Ram son of Sunder Lal was recorded and rukka was prepared and sent to the police station at 11.20 p.m. for registration of the offence whereupon F.I.R. under section 154 of the Code came to be registered for the offence under Section 307 Indian Penal Code It is also revealed that injured Govind Singh succumbed in RML Hospital to the injuries sustained in the incident and breathed his last at 10.25 p.m. on the same evening. Thereafter offence was converted into Section 302 Indian Penal Code The usual investigation commenced and on completion of the investigation, accused Shamshad Ali came to be chargesheeted for the offence under Section 302 Indian Penal Code The prosecution, in order to bring home the guilt to the accused Shamshad Ali, adduced oral as well as documentary evidence and the Additional Sessions Judge appreciating the oral as well as documentary evidence and the statement of the accused under Section 313 of the Code, found accused Shamshad Ali guilty of the offence under Section 302 Indian Penal Code and sentenced him to suffer rigorous imprisonment for life. It is this finding of guilt and the sentence for rigorous imprisonment of life assailed in this appeal by the convict-appellant.