STATE Vs. SEHZAAD ALI

JUDGEMENT

(1.) Criminal Reference No. 01 of 2015 has been made by learned Additional Sessions Judge, Vikas Nagar, Dehradun for confirmation of death sentence awarded on 4.9.2015 in Sessions Trial No.70 of 2011, whereby the appellant Shahjad Ali @ Ali-Ur-Rehman was convicted for the offence of culpable homicide amounting to murder u/s 302 IPC and sentenced to capital punishment with fine of Rs.10,000/-, and in default of payment of fine, to undergo additional six months' imprisonment. Appellant was further convicted for the offence of Section 436 IPC and was sentenced to undergo 7 years' R.I. with fine of Rs.5,000/- and in default of payment of fine, to undergo three months' additional imprisonment. He was further sentenced to undergo one year R.I. u/s 506 IPC. For the offence of Section 392 IPC, the appellant was sentenced to undergo 7 years' R.I. with fine of Rs.5,000/- and in default of payment of fine, to undergo three months' additional imprisonment. He was further directed to undergo two years' R.I. u/s 411 IPC. For the offence of Section 25/4 of Arms Act, the appellant was sentenced to undergo six months' R.I. with fine of Rs.500/- and in default of payment, he was directed to undergo one month additional imprisonment.

(2.) Criminal appeal No.333 of 2015 has been filed by the appellant assailing the selfsame judgment dated 4.9.2015 rendered in S.T. No.70 of 2011 whereby the appellant was convicted and sentenced, as noticed hereinabove.

(3.) The case of the prosecution, in a nutshell, is that PW1 Anil Kumar lodged the report on 10.02.2011 to the effect that his brother Sanjay Kumar S/o Gulab Singh was running a motorcycle showroom-cum-workshop. Appellant was working as a Mechanic. Abid, Gulfam, Rajesh and Pradeep were also working in the show-room. Km. Lalita D/o Ranjeet Singh was working on the post of Supervisor. Lalita complained to Sanjay, on the basis of which, the appellant was removed from the job. The appellant requested number of times to his brother to re-engage him. However, his brother refused. Thereafter, he bore a grudge against him. On 10.02.2011, at about 4:25 P.M., appellant came to the showroom. He took out a knife from his trouser and struck a fatal blow on his brother's neck. Thereafter, he chased Lalita and caught hold of her in an empty plot. He gave many knife blows on her body leading to her death. The appellant ran away from the spot threatening the onlookers. However, before escaping from the spot, he put the show-room on fire.