ABDUL QASIM Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 of the Indian Penal code, 1860 (for short, IPC) for murder of deceased Kishan Bahadur only on the basis of circumstantial evidence in terms of the impugned judgment dated 29. 04. 1995 and sentenced to undergo imprisonment for life and to pay a fine of rs. 1,000/-, in default of which, to undergo further R. I. for a period of four months as per the order of sentence of the even date.

(2.) THE appellant and the deceased were both working at Gulshan Ka Dhaba behind Batra Cinema. The case of the prosecution is that on 24. 07. 1993, at around 5. 30 a. m. , the appellant gave blows on the face of sleeping Kishan bahadur by handle of a hand-pump and caused his death. There was no eye-witness to the incident. The story begins with a PCR Van nabbing the appellant at 6. 15 a. m. on 24. 07. 1993 when the appellant is stated to have volunteered to H. C. Virender Singh, PW 4, that he had killed the deceased with the handle of a hand-pump at around 5. 30 a. m. H. C. Virender Singh is stated to have sent the information to a PCR stationed near the spot and, thus, H. C. Virender Kumar, PW 9, reached the spot for verification of this information and found the dead body of the deceased. This information is stated to have been relayed at about 7. 00 a. m.

(3.) H. C. Virender Singh, PW 4, brought the appellant to P. S. Mukherji Nagar and on the basis of the statement of the appellant, F. I. R. No. 146/1993 was registered under Section 302 of the IPC. The F. I. R. , Exhibit PW 5/e, was recorded by Lady H. C. Kamini, PW 7, on receipt of Rukka, Exhibit PW 5/d. The investigation was entrusted to Inspector R. C. Garg, PW 5. The dead body of the deceased was found lying inside the dhaba on a dari with blood scattered around. Injury marks were stated to have been found on the face of the deceased and the handle of the hand-pump was lying next to the body of the deceased. Samples of blood of the deceased were lifted and dari and pillow cover with bloodstains were taken into possession.