STATE OF CHHATTISGARH Vs. MD YUNUS

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 04.05.2001 passed by 7th Additional Sessions Judge, Bilaspur, C.G. in ST No.456/2000 whereby the respondent/accused has been acquitted of the charge under Section 302 of IPC.

(2.) Case of the prosecution in brief is that on 27.05.1999, at about 8:00 pm, deceased Sheikh Rafique went to offer prayer at the mosque in Katghora. On the said date, deceased had also invited Maulvi at his house for dinner. Accused Mohd. Yunus Ali assaulted and caused injury on Sheikh Rafique due to previous enmity. PW-5 Sheikh Mustkim, brother of the deceased, reached the place of occurrence and saw the accused assaulting the deceased and fleeing from the place of occurrence. Thereafter, he informed the incident to father of the deceased PW-6 Sheikh Abdul, who lodged the FIR Ex.P-4 against Yunus on which offence under Section 302 of IPC was registered under Crime No.99/99 against the accused. Merg intimation Ex.P-5 recorded as per the information given by PW-6 Sheikh Abdul. Inquest report Ex.P-6 was prepared in presence of the witnesses. The dead body was sent for postmortem which was conducted on 28.05.1999 at 8:25 am by PW-4 Dr. G.S. Kanwar in which he found the following injuries:-

(3.) During investigation, from the place of occurrence one Kishan torch, slipper of deceased and other articles mentioned in Ex.P-7 were seized. As per Exs. P-8 and P-9 plain soil and blood stained soil as well as viscera of deceased were seized. The seized articles were sent for chemical examination as per Ex.P-10 and as per Ex.P-12 human blood was found on item nos. 1, 2 & 3 i.e. soil, torch and full pant. After completing the investigation, the charge sheet for offence under Section 302 of IPC was filed against the accused followed by framing of charge accordingly by the trial Court on which he prayed for trial.