IMRAN Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 18. 7. 2007, the appellant has been indicted for the offence of having murdered Kavinder.

(2.) VIDE order of sentence dated 21. 7. 2007, the appellant has been sentenced to undergo imprisonment for life and pay a fine in sum of Rs. 2,000/- with a direction that in default of payment of fine, appellant would undergo RI for one year.

(3.) BRIEFLY stated case of the prosecution was that the appellant as well as the deceased used to take cycle rickshaw on hire from Abdul Aziz @ Mulla Ji PW-3, and that about 4 or 5 months prior to 6. 7. 2004, the appellant vanished with a rickshaw taken by him on hire from Abdul Aziz and that Mulla Ji managed to track down the appellant with the help of the deceased and brought him along with the rickshaw to his garage at Gali No. 15, Vijay Park, Mauz Pur, Delhi. That the appellant and the deceased slept in the garage in the intervening night of 6th and 7th July 2004 and that around 4:30 AM the appellant picked up an iron piece (being a segment of a railway track) and started assaulting the deceased whose cries attracted Halku PW-1 and Bhandari PW-2 who saw the assault being completed. Halku raised an alarm. People gathered. The appellant was apprehended at the spot and was handed over to the police. The clothes which he was wearing namely a shirt and a pant got stained with blood. They were seized and as per FSL report ex. PW-18/d it was opined that blood of human origin of group o was detected on the pant. Human blood was detected on the shirt but gave no reaction pertaining to the group thereof. It was opined that the blood group of the deceased was O. The metal piece used for the assault, which was also stained with blood, was opined to be having human blood of group O.