ALI MOHAMMAD Vs. STATE

JUDGEMENT

(1.) Present Jail Appeal has been preferred by accused appellant Ali Mohammad against judgment and order dated 17.01.2006 passed by learned Sessions Judge, Baghpat in Session Trial No. 314 of 2005 (State Vs. Ali Mohammad) relating to Case Crime No. 314 of 2005, Police Station Chhaprauli, District Baghpat, whereby accusedappellant was convicted and sentenced for the offence under Section 302 IPC for imprisonment of life and also a fine of Rs.500/. In default of payment of fine, accusedappellant has suffered further three months simple imprisonment.

(2.) Prosecution story in a nutshell as alleged in written report Ex.Ka1 moved by Informant Naseem Ahmad transcribed by P.W.2, Shaukat Ali dated 30.05.2005 with the allegation that on 29.05.2005 at about 07.30 P.M., Informant's uncle Ali Hasan son of Kutbi, had gone to tubewell to irrigate his field. Since there was no supply of electricity at that time, therefore, Informant's uncle slept on cot near tubewell. When electricity came, Informant along with his brother Shaukat Ali, P.W.2 also came at the tubewell in the night itself to irrigate their field. As and when, they reached near tubewell and flashing torch, saw accusedappellant present near the cot and he (accused appellant) immediately fired upon deceased. After hearing noise of firing, Informant and his brother rushed towards deceased but accused ran away from the place of occurrence into the fields. They also chased him but he could not be apprehended. Incident took place in the night at about 02:00 AM and due to fear, Informant could not go to Police Station for lodging the First Information Report (hereinafter referred to as "FIR"). Thus, prayer was made for registering the FIR.

(3.) On the basis of written report, Ex.Ka1 dated 30.05.2005, at 08.45 AM Chik FIR No. 48 of 2005 at Case Crime No. 314 of 2005, under Section 302 IPC was registered at P.S. Chhaprauli, District Baghpat against accusedappellant. Chik FIR is Ex.Ka2, G.D. entry was also made at the same time on the basis of Chik FIR which is Ex.Ka3. Investigation commenced. P.W.3, Sub Inspector Ram Vilas Verma, First Investigating Officer (hereinafter referred to as 'F.I.O.') took investigation in his hand and recorded statement of Chik writer. Since Informant, P.W.1, Naseem Ahmad, was present at P.S. concerned at the time of registering of FIR so he was also interrogated by F.I.O. Thereafter, Informant along with police personnel proceeded to the place of occurrence and prepared site plan (Ex.Ka4) after mentioning all the details. P.W.3, SubInspector Ram Vilas Verma, F.I.O. has also prepared Inquest Report of dead body of deceased and other relevant documents which is Exts. Ka5 to Ka9. Dead body of deceased was dispatched to District Hospital, Baghpat for postmortem along with relevant documents keeping it in sealed cloth and preparing sample seal escorted by Constable 248, Shyamveer Singh and Home Guard 3880, Jaidev Singh. P.W.3, SubInspector Ram Vilas Verma, F.I.O. has taken blood stained "suti dutai" and one pair of shoe into possession from the place of occurrence and prepared recovery memo in his handwriting, which is Ex. Ka10. He has also taken blood stained and plain earth from the place of occurrence and keeping the same in sealed boxes, prepared recovery memo Ex. Ka11. It also appears that witnesses were interrogated by this witness. On 02.06.2005, investigation was entrusted to Station Officer, Indrapal Singh, Second Investigating Officer (hereinafter referred to as "S.I.O") Accusedappellant, Ali Mohammad had surrendered before the Court concerned on 07.06.2005. After obtaining permission from the Court, S.I.O. has recorded statement of accused in Jail premises. Other witnesses were also interrogated by S.I.O. Accusedappellant was taken into police custody on the basis of order passed by concerned Magistrate on 16.06.2005. Weapon used by accusedappellant for committing murder of deceased, was recovered by S.I.O. concerned on pointing out of accused appellant and then he had made disclosure statement confessing his guilt on 17.06.2005.