ANWAR ALI Vs. STATE

JUDGEMENT

(1.) APPELLANT Anwar Ali has been convicted and sentenced for offences punishable under Section 302 IPC and Section 27 of the Arms Act in terms of the impugned judgment and order on sentence both dated 27th August 1996 in Sessions case No. 24/1991, FIR No. 75/1991, Police Station Sarai Rohilla. Complainant Mohd. Ismail was running a garment fabrication factory at A -534/6, Shastri Nagar, Delhi. He was residing in a tenanted premises at A -235, Shastri Nagar, Delhi. Appellant Anwar Ali, deceased Mohiuddin and PW Sukhdev Singh were employees of the complainant, they were residing in the factory premises.

(2.) BRIEFLY stated, case of the prosecution as revealed by the FIR is that on 21st March 1991 at about 10.15 pm, deceased Mohiuddin visited the house of the complainant Mohd. Ismail (PW -10). He was nervous and terrified. On being asked about the reason, the deceased told that a day earlier, he had a fight with the appellant on the issue of preparation of food and the appellant had threatened to kill him. He stated that in the evening also, the appellant had threatened him by showing a knife. At that juncture, at about 10.20 pm, the appellant also arrived at the house of the complainant. When the complainant asked the appellant about the reason for his quarrel with the deceased, the appellant instead of explaining the reason, retorted that "karan kya batana hai, main iska kaam hi tamam kar deta hoon" He whipped out a knife, tucked in his "dhub" (belt of his pant) and gave a blow to the deceased on his chest. The appellant, thereafter, fled away alongwith the knife. The complainant, Nissar Ahmed and Jai Singh ran after the appellant. Nissar Ahmed and Jai Singh continued to chase him but the complainant went to intimate the police about the incident and he conveyed the information on telephone No. 100. The appellant was apprehended by the police and the blood stained knife was recovered from him. The deceased was taken to Hindu Rao Hospital where he was declared brought dead.

(3.) ON conclusion of the trial, the learned Additional Sessions Judge found the appellant guilty of the offence of murder of the deceased punishable under Section 302 IPC and also for the offence punishable under Section 27 of the Arms Act and convicted him accordingly. In terms of order on sentence dated 27th August 1996, the appellant was sentenced under Section 302 IPC to undergo imprisonment for life and also to pay a fine of Rs. 500/ -, in default, to undergo rigorous imprisonment for a period of three months and for offence under Section 27 of the Arms Act, the appellant was sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 200/ -, in default, to undergo rigorous imprisonment for further period of one month. Feeling aggrieved by the impugned judgment of conviction and consequent order on sentence, Anwar Ali has preferred the instant appeal.