MOHD RIAZUDDIN Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 27.03.2004 passed by the court of the learned Additional Sessions Judge, Delhi in SC No.4/099, arising from FIR No.172/1999, registered at Police Station: Bara Hindu Rao, whereunder he has been convicted under Section 302 IPC for having murdered his cousin, Mohd. Usman. Vide order on sentence dated 27.03.2004, the appellant has been sentenced to undergo rigorous imprisonment for life and pay a fine of Rs.5,000/- and in default thereof, suffer simple imprisonment for a period of three years.

(2.) The facts of the case lie in a narrow compass. The deceased, Mohd. Usman was the cousin brother of the appellant. They and their families were living next doors to each other. While the deceased and his three brothers alongwith their family members were jointly residing at House No.1081, Gali Laslase Wali, Kishan Ganj, Bara Hindu Rao, Delhi, the appellant and his three brothers (sons of one Mirazuddin, uncle of the deceased) were living with their families in the adjoining House No.1080. The prosecution version is that the appellant was jobless. As the house of the deceased was visible from the window of the appellant's house, the latter used to constantly peep into the house of the deceased and stare at his three young nieces. Despite repeated requests made to the appellant to forbear from peeping into the house of the deceased, he did not pay any heed. On the fateful day, i.e., on 20.08.1999 at about 6:45 AM, when the deceased was getting ready to proceed to his shop at Sadar Bazar, he found the appellant yet again standing at his window. When the deceased asked the appellant to move away, the latter started abusing him and exhorted him that if he had the guts, he should come down. At this, the deceased rushed downstairs and simultaneously, the appellant came downstairs from his house armed with a gupti (thin knife). The appellant assaulted the deceased by giving him 3-4 blows on his chest with the gupti. On hearing the screams of the deceased, his brother, Mohd. Arfin, who happens to be the maker of the FIR, rushed downstairs and tried to save his brother. At this, the appellant also tried to unsuccessfully assault him with the gupti but in the meantime, the neighbours gathered at the spot. Mohd. Arfin rushed his brother to St. Stephens Hospital in a TSR, where he was declared as brought dead. The wheels of criminal justice were set into motion on recording of DD No.2A.

(3.) The police rushed to the scene of crime, where the appellant was found present still holding the blood stained gupti in his hand. Public persons who apprehended him, handed him over to the police. The investigation was conducted by Inspector Raj Beer Malik, Additional SHO, PS: Bara Hindu Rao and on completing the investigation, a challan was filed in the Court. Vide order dated 11.01.2000, the appellant was charged for committing an offence punishable under Section 302 IPC to which he pleaded not guilty and claimed trial. The prosecution examined 16 witnesses in all to bring home the guilt of the appellant.