LAWS(DLH)-2009-2-305

STATE (GNCT) OF DELHI Vs. SARWAR SIDDIQUI

Decided On February 17, 2009
State (Gnct) Of Delhi Appellant
V/S
Sarwar Siddiqui Respondents

JUDGEMENT

(1.) THE learned trial Judge has acquitted the accused. The plea of alibi has been held to be successfully established. Even the conduct of the star witness of the prosecution, Rais Ahmed Khan PW -7 has been found to be suspicious.

(2.) THE date was 28th November, 2002. Wife of Rais Ahmed Khan PW -7 was shot dead in her house. Rais Ahmed Khan PW -7 received a superficial injury: the result of a bullet hitting the right forearm.

(3.) IN his testimony, Rais Ahmed Khan PW -7 deposed that on the date of the incident he and his wife were in their house and on the roof Sarwar Siddiqui, the accused, was playing with his son. This was disturbing their sleep. He made a request to the accused to refrain from making a noise at which accused took out a country made pistol and fired a shot which hit his wife. The accused fired another shot at him. He sustained a bullet injury on his right forearm and fled. The accused followed him. After covering some distance, he looked behind and found that the accused had stopped chasing him. He took a cycle rickshaw and reached Lion's Hospital near New Friends Colony, where he was medically examined. That he learnt about his wife expiring at the hospital.