ZAHID ALIAS BALLU ALIAS SALEEM Vs. STATE

JUDGEMENT

(1.) APPELLANTS Zahid @ballu @salim, Shahid @lambu, Sahil @israel, abid and Pawan were charged with the offence of having entered into a conspiracy to commit murder of Udaivir and in pursuance thereof murdering udaivir on 2. 7. 2000 at about 6:05 PM on the public street opposite House no. B-231 Old Seemapuri. Additionally, Sahil was charged with the offence of possessing a country made revolver without a licence i. e. the offence punishable under Section 25 of the Arms Act as also for the offence of having used the said firearm to cause firearm injury on Udaivir i. e. the offence punishable under Section 27 of the Arms Act. Shahid was charged with the offence of possessing a khukhri i. e. for the offence punishable under Section 25 of the Arms Act as also for the offence of having used the khukhri to cause injury to Udaivir i. e. for the offence punishable under Section 27 of the Arms act. Abid and Pawan were charged with the offence of possessing a knife i. e. the offence punishable under Section 25 of the Arms Act as also for the offence of having used the knife to cause injuries to Udaivir i. e. for the offence punishable under Section 27 of the Arms Act.

(2.) THE case of the prosecution was that Zahid @ballu @salim, Shahid @lambu, Sahil @israel, Abid and Pawan entered into a conspiracy between the period 30. 6. 2000 to 2. 7. 2000 along with Furkhan for murdering Udaivir and in pursuance to the said conspiracy waylaid Udaivir when he was on the public street at B-Block Old Seemapuri, Sahil fired a shot at him from a country made pistol. In an attempt to save himself Udaivir started running and was chased by all accused. Shahid who was armed with a khukhri and abid and Pawan who were armed with a knife each inflicted blows with their respective weapons on Udaivir who fell on the ground due to the assault. Two more shots with a country made pistol, one each by Sahil and Zahid were fired at him. The body of Udaivir which was lying face down was tossed over by Shahid who removed the mobile phone of Udaivir and all the accused fled.

(3.) IT may be noted at the outset that Furkhan could not be arrested and hence his name was shown in column No. 2 in the charge-sheet which was filed.