The court emphasized the need for a thorough review of evidence and the consideration of all circumstances to determine guilt and appropriate sentencing in murder cases.

( 1 ) MOHD. Rafi alias. Mohd. Rafiq was tried by an Additional Sessions Judge on the charge that he had on November 17, 1972 at Katra or Gali Marwari, Qasabpura, near Sadar Bazar, Delhi, had committed murder intentionally and knowingly by causing the death of Badru-din. The trial Judge found him guilty of the offence of murder and on December 1, 1973 sentenced him to death under section 302 of the Indian Penal Code. Against his conviction and sentence Mohd Raft has filed an appeal while the learned Additional Sessions Judge has made a reference, under provisions of section 374 of the Code of Criminal Procedure, for the sentence of death being confirmed.

( 2 ) BADRU-DIN deceased was about 43 years of age and was a meat seller by profession. He was also chairman of the meat-sellers Association. Admittedly they were also residents of the same locality, i. e. the Qasabpura.

( 3 ) THE prosecution case was that Mohd Rafi had borrowed Rs. 50 from the deceased. On November 17, 1972 at about 10 p. m. in Gali Marwari, Qasabpura, Mohd Rafi and the deceased were present when Mohd Rafi was abusing and threatening the deceased. Riazuddin, Safiquddin and Mahiuddin, also residents of Qasabpura and meat sellers by profession, happened to come there and by intervening managed to separate Mohd Rafi. and the deceased. Those persons took Mohd Rafi to his house near that place and on returning from there enquired from the deceased as to what the quarrel was about. They were told by the deceased that he had given Rs. 50 as loan to Mohd Rafi and on his demanding the money back the latter started quarrelling with him. In the meantime Mohd Rafi again came to the place where they were talking with the deceased and was carrying a knife or Chhuri in his right hand. With the knife he at first gave a blow on the back of the deceased and then a second blow on the chest as soon as the deceased turned his body. After giving those blows Mohd Rafi ran away brandishing the knife in his hand to scare away any person who may have thought of pursuing him.

( 4 ) NEAR the place where the deceased received injuries there happened to be lying a cot on which a mattress had been spread. Riazuddin,safiquddin and Mahiuddin gave support to the deceased and made him lie on the cot. Almost immediately thereafter they took the deceased in a taxi to the Willingdon Hospital. Dr. R. K. Gupta, Chief Medical Officer, examined the deceased at about 10. 15 p. m. and found his condition to be extremely poor. Necessary measures to revive him were taken but without any success and he died at 10. 19 p. m. on the same day.

( 5 ) ON the day of the occurrence Babudin, son of the brother of the deceased s mother, reached his house in Qasabpura at. 10. 10 p. m. and there came to know that Badrudin had been injured by being given knife-blows. On that he went to the place of occurrence and on being told that Badrudin had been removed to Willingdon Hospital proceeded to Police Station Sadar Bazar Delhi, at a distance of about two furlongs, and at 10. 20 p. m. lodged a report (Exhibit Public Witness 13/a ). In that report it was mentioned by him that he had learnt that Mohd Raft, son of Mohd lbrahim. had caused injuries with a Chhuri to his cousin (father s sister s son) Badrudin, son of Chhota, resident of Mohalla Qasabpura and that Badrudin had been taken to Willingdon Hospital for treatment.

( 6 ) THE report lodged by Babudin was recorded by Sub-Inspector Rattan Singh of Police Station Sadar Bazar and a copy thereof was given to Sub-Inspector Partap Singh for purposes of investigation.

( 7 ) SUB-INSPECTOR Partap Single reached the Willingdon Hospital at 10. 30 p. m. (on November 17, 1972 ). There he learnt that Badrudin had already died. He then recorded the statement of Riazuddin who was present in the hospital and sent that statement to the Police Station for registration of a case against Mohd Raft under section 302 of the Indian Penal Code.

( 8 ) MOHD. Rafi could not be arreste