KHURSHID AHMED @ TAKLOO Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 06.11.2000 accused Khurshid Ahmed has been convicted under Section 302/34 of the IPC for having committed the murder of Dr. Mohd. Irfan Khan. He has also been convicted under Sections 25 & 27 of the Arms Act for having been found to be in possession and having used a deshi katta which was the weapon of offence and which had caused the death of the deceased. Accused was sentenced to undergo life imprisonment for the offence under Section 302 of the IPC; for the offence under Section 27 of the Arms Act he has been sentenced to undergo RI for three years with a fine of Rs. 3000/ -, in default of payment of fine to undergo RI for one month. No separate sentence has been imposed for the offence under Section 25 of the Arms Act. Co -accused Kaleem and Dulare were not traceable and had been declared proclaimed offenders.

(2.) THE occurrence is dated 17.8.1997. Time is 9.15 PM. The venue was the lane opposite House No. V -299, Arvind Nagar, Ghonda within the jurisdiction of Police Station Bhajanpura. Const. Julita PW -21 posted in the Control Room had at 21.33 hours received a call that a man had been shot at the Main Road, near Ajit Hotel, Gautam Vihar, Budh Vihar Bazar Road, Fateh Singh Marg. This information was passed on to PCR Van Romeo 53 which was thereafter transmitted to the local Police Station and recorded at 9.45PM in DD No. 22A Ex.PW -10/A by HC Asif PW -10. This D.D. was marked to ASI Randhir Singh PW -23 who along with Const. Dharampal PW -9 reached the site where a two -wheeler scooter No. DL -4S -E -5432 was lying in the lane and blood was spattered around the scooter. Injured had already been removed to the Guru Teg Bahadur Hospital. At the hospital PW -23 collected the MLC Ex.PW -8/A of the injured, Dr. Mohd. Irfan Khan wherein it had been recorded that the patient had been brought dead. No eye - witness was found in the hospital. Returning to the spot PW -23 met the father -in -law of the injured Meharban Ali PW -5 whose statement Ex.PW -5/A was recorded. As per this statement Meharban Ali i.e. PW -5 at 9.15PM had heard some gun shots while he was sitting on the roof of his house. He reached the neighbouring house of his daughter. He saw that his son -in -law Dr. Mohd. Irfan Khan who had just returned back on his two -wheeler scooter, lying in a pool of blood; three to four boys were seen running from the scene; Khurshid who was earlier employed with his son -in -law had an evil eye on his daughter as a result of which he had been thrown out by his son -in -law; Khurshid often used to threaten his son -in -law on telephone; on 17.8.1997 at 5.00 PM in the evening he had threatened his son -in -law and again at 8.30PM, he had abused his daughter on telephone; he suspected that Khurshid was involved in this offence and action be taken against him.

(3.) ON the following day i.e. on 18.8.1997 post -mortem on the deceased was conducted by Dr. K.K. Banerjee PW -11, who had noted the following injuries on the person of the deceased: