H.L.DATTU, CHANDRAMAULI KR.PRASAD
Mohd. Hussain @ Julfikar Ali – Appellant
Versus
The State (Govt. of NCT) Delhi – Respondent
JUDGMENT
H. L. Dattu, J.
1) A convict, who is facing the threat of death gallows, is before us in this appeal. He is an illiterate foreign national and unable to engage a counsel to defend himself. He is tried, convicted and sentenced to death by the Additional Sessions Judge, Delhi in Sessions Case No.122 of 1998 dated 03.11.2004 without assignment of counsel for his defence. Such a result is confirmed by the High Court on a reference made by the Trial Court for confirmation of death sentence and has dismissed the appeal filed by the appellant vide its order dated 04.08.2006.
2) The convict, (hereinafter referred to as “appellant”) is charged, convicted and sentenced under Sections 302/307 of Indian Penal Code (in short, “IPC”) and also under Section 3 of The Explosive Substances Act, 1908. The case of the prosecution, as noticed by the High Court, which appears to be accurate statement of facts, proceeds on these lines :
“ 2. On 30-12-1997 at about 6.20 p.m. one blueline bus No.DL-IP-3088 carrying passengers on its route to Nangloi from Ajmeri Gate stopped at the Ram Pura Bus Stand on Rohtak Road for passengers to get down. The moment that bus stopped there an explosion took pla
Kartar Singh Vs. State of Punjab (1994) 3 SCC 569
Jayendra Vishnu Thakur Vs. State of Maharashtra (2009) 7 SCC 104
Zahira Habibullah Sheikh (5) Vs. State of Gujarat (2006) 3 SCC 374
M.H. Hoskot Vs. State of Maharashtra 1978 (3) SCC 544
Mohd. Sukur Ali Vs. State of Assam (2011) 4 SCC 729
Hussainara Khatoon and Others v. Home Secy., State of Bihar (1980) 1 SCC 98
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