JUMMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals are directed against the judgment dated 12th of January, 1996 passed in Sessions Trial No. 218/92 by the First Additional Sessions Judge, Raigarh. By the impugned judgment, the appellants (A-2 to A-4) and 4th accused-Faruook Mohammed (A-1) were convicted u/S. 302/34 & 307/34 IPC and sentenced to undergo imprisonment for life and R. I. for 7 years with direction to run the sentences concurrently. The facts, briefly stated, are as under:--

(2.) Faruook Mohammed (A-1) had filed a separate appeal bearing Criminal Appeal No. 485/96. This appeal came up for hearing on 19-12-2005. No one represented him on the said date. However the Additional Public Prosecutor submitted a written communication to the effect that accused/appellant - Faruook Mohammed s/o late Munna Mistri was released on permanent probation on 5-5-2000 from Central Jail, Raipur. On this information the said appeal was finally disposed of for want of prosecution on 19-12-2005.

(3.) Learned counsel for the appellants herein, argued that there is no evidence of sharing common intention, therefore, each accused would be liable for his own act; as far as appellants - Naushad (A-3) and Arvind (A-4) are concerned, their presence at the place of occurrence is doubtful; even if it is held that they were present, no overt act has been attributed to them; about Jumman also Sikandar Ali (A-2), it was argued that he had no intention to commit murder of Rajesh Kumar (PW-9); Rajesh Kumar (PW-9) had received grievous injuries, therefore, he cannot be convicted u/S. 307 IPC.