JAKIR HUSSAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30-1-1995 passed by 2nd Additional Sessions Judge, Raipur in Session Trial No. 65/1991. By the impugned judgment, appellant No. 3 Nasir Hussain has been convicted under Section 302 of the Indian Penal Code and Section 25 of the Arms Act and sentenced to undergo imprisonment for life and rigorous imprisonment for one year with further direction to run the sentences concurrently and appellant No. 1 Jakir Hussain and No. 2 Ahmad Hussain have been convicted under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life.

(2.) Case of the prosecution, in brief, is as under:

(3.) Smt. Renu Kochar, learned counsel for the appellants argued that the evidence of Mohammed Salauddin (PW-4), Quresa Begum (PW-5), Afroz Jahan (PW-6) and Mohammed Qutubuddin (PW-7) are not reliable. They all are interested witnesses. There are many contradictions and omissions in the evidence of these witnesses. Quresa Begum (PW-5), who lodged the First Information Report (Ex. P5), did not mention in the First Information Report about appellant Nos. 1 and 2 regarding sharing of common intention by them. There is no clinching and reliable evidence against the appellants. Therefore, the conviction of appellant No. 3 under Section 302 of the Indian Penal Code and appellant Nos. 1 and 2 with the aid of Section 34 of the Indian Penal Code are not sustainable.