STATE Vs. SHAHID MIAN

JUDGEMENT

(1.) THIS appeal is directed against the order of acquittal dated 08.05.1995 passed by the learned Additional Sessions Judge in Sessions Case No. 94/94 arising out of case FIR No. 429/93, Police Station Nangloi, under Section 302/506/34 of the Indian Penal Code read with Section 27 of the Arms Act.

(2.) BRIEFLY stated, case of the prosecution as disclosed in the charge sheet is that on 04.10.1993 at about 4.29 AM wireless operator of police control room visited Police Station Nangloi and informed that one Mohd. Idrish resident of Budh Bazar, Nangloi has given information on telephone that a murder has been committed in House No. 552, adjacent to House No. 510 of Shahid Parvesh. The information was recorded as DD No. 48B and entrusted to SI Raghbir Singh for verification who immediately left the Police Station. Immediately thereafter, the accused Shahid Mian reached at the Police Station. He was carrying two blood stained churras (knives) and he stated that he has killed his sister Sajida Begum and her sons Sikandar Ali and Shahid Ali at his House No. B -463, Camp No. 2, Nangloi, by stabbing them with the knife. Thereafter, he along with Sagir Khan went to House No. A - 616, Camp No. 2, Nangloi where his elder sister's son Sartaj Mian was sleeping with his co -workers Mohd Rashid, Sanaullah Khan and Mohd. Anwar. Sagir Khan caught hold of Sartaj Mian and he killed Sartaj Mian with the churri. He also stated to the Duty Officer that because of noise, co -workers of deceased Sartaj Mian awoke and he threatened to kill them if they intervened. Statement of accused Shahid Mian was recorded by the Duty Officer on basis of which a formal FIR was registered and it was sent to SI Raghbir Singh through ASI Dharambir Singh. It is further alleged that the Duty Officer took the knife and the churri from the accused Shahid Mian and converted them into sealed packets before taking possession.

(3.) BOTH the accused were charged for offences under Section 302/34 IPC for having committed murder of Sajida Begum, Sikandar Ali, Shahid Ali and Sartaj Mian. They were also charged for the offence of criminal intimidation punishable under Section 506 read with Section 34 IPC. Accused Shahid Mian was further charged for the offence under Section 27 Arms Act and for having illegal possession of knife and a churi with intention to use the same for unlawful purpose and used for committing murder. Both the accused pleaded not guilty and claimed trial.