KHILIL KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant in this appeal was convicted by the learned Sessions Judge, Shiv Puri in Sessions Case No. 65 of 1986 for an offence punishable under Section 302, IPC and was sentenced to undergo imprisonment for life and was further imposed a fine of Rs.1,000/- in default to underto further rigorous imprisonment for a period of six months. His appeal to the High Court of Judicature of Madhya Pradesh, Gwalior Bench, having failed, he is before us in this appeal.

(2.) Brief facts necessary for the disposal of this case are that on 6th April, 1986 at about 11 p.m., in view of certain prior enmity, the appellant stabbed and killed one Wahid Khan, son of Bashir Khan. According to the prosecution there were no eye-witnesses as such witnessing the incident but Rashid Khan (PW-3), Munshi Sani Mohammad (PW-4) and Nasir Khan (PW-6) and Imami (PW-9) had seen the appellant running away with the knife in his hand. It is the further case of the prosecution. P.Ws. 2, 3, 5, 6 and 8 heard the deceased say that it was appellant who stabbed him. The prosecution further states that when the deceased was taken to police station-Shiv Puri by P.Ws. 1, 2, 5 and 6 he again told the Head Constable Ram Singh (PW-8) that the appellant had stabbed him. Hence a FIR (Exhibit P6) was lodged at about 11.40 p.m. in the same night. That FIR does mention the fact that the deceased had made a dying declaration naming the appellant as the accused. Originally the FIR registered was for an offence under Section 307, IPC. Subsequently on 7th April, 1986, the deceased having died, the FIR was altered to include an offence punishable under Section 302, IPC.

(3.) The prosecution relied on the said dying declaration as well as the evidence of P.Ws. 2, 5 and 8 as also on the recovery of a blood-stained knife and blood-stained personal clothes of the appellant. The trial Court as well as the High Court have accepted this evidence to base a conviction as against the appellant.