MOHD. AKRAM KHAN Vs. STATE OF M.P

JUDGEMENT

(1.) The appellant namely Mahmood Akram Khan has preferred this appeal under Section 374(2) of the Criminal Procedure Code being aggrieved by the judgment of conviction and sentence dated 26th February, 1999 passed by the Sessions Judge, Raipur, in Sessions Trial No. 15/98 whereby learned Sessions Judge after holding the accused/appellant guilty for commission of the offence under Section 302 of the Indian Penal Code sentenced him to undergo imprisonment for life.

(2.) Co-accused Mahendra Kumar was also tried with the present accused/appellant for commission of the offence under Section 201 of the Indian Penal Code. He was held guilty for commission of the offence under Section 201 of the IPC and was sentenced to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 500.00 in default of payment of fine amount to further undergo one month's rigorous imprisonment.

(3.) Briefly stated prosecution case necessary for the disposal of this appeal is that deceased Abdul Gaffar was working as driver in the Oberoy Transport Company, Raipur. The accused/appellant was also working as driver in the same company. On 10-11-1997, some dispute took place between the accused/appellant and deceased in connection with the transportation of goods. The accused/appellant immediately left the scene and after some time came with a knife and stabbed to Abdul Gaffar on stomach and chest. The offence was witnessed by the helper namely Suresh Udiya and other persons of Oberoy Transport Company. The injured Abdul Gaffar was immediately taken to the Gayatri Hospital and was admitted there where he gave the statement (Ex. P-25) to B.K. Uikey, Inspector, Police Station, Sarswati Nagar. Said Shri B.K. Uikcy after recording the evidence (Ex. P-25) forwarded the same to the Police Station, Amanaka in whose jurisdiction the offence was committed. On receiving the statement the In-charge, Police Station, Amanaka registered the case under FIR (Ex. P-23) for the offence under Section 307 of the IPC. Thereafter, the Police Station, Amanaka received information from Gayatri Hospital that the injured Abdul Gaffar succumbed to the injuries in the early hours of 11-11-1997 at 2.35 a.m. Therefore, the offence was converted into Section 302 of the IPC. Mahendra Kumar Mishra (P.W. 18) took up the investigation, he reached to the Gayatri Hospital. After giving notice (Ex. P-13) to the witnesses, he prepared Panchnama of the body of the deceased (Ex. P-14). The post-mortem was conducted by Dr. Sanjay Kumar Dadu (P.W. 7), he after conducting the post-mortem prepared report (Ex. P-6). The Investigating Officer during the investigation also took into possession the treatment papers (Ex. P-l ()) from the hospital. Dying declaration (Ex. P-12) was recorded by the treating doctor Dr. Arun Mandharia in the presence of other doctor Akhilesh Dubey (P.W. 10). The Investigating Officer also took into possession the blood stained clothes of the accused and also the blood stained clothes of the deceased. In the police custody the accused/appellant gave information (Ex. P-16) in which he stated that he gave the knife to Mahendra Manikpuri and thereafter he reached to Mahendra Kumar Manikpuri, who gave memorandum (Ex. P-18) and in pursuant to which the knife was recovered from water near the railway station. The blood stained clothes were sent for examination to the Forensic Science Laboratory, Raipur from where the report (Ex. P-40) was received, from where the blood stained articles were sent for the examination by the Serologist and the Serologist report (Ex. P-39) was received from Calcutta. After completion of the investigation the charge-sheet was filed against the accused/appellant alongwith co-accused.