ABDUL FARID KHAN Vs. STATE OF C G

JUDGEMENT

(1.) THE accused/appellant has preferred this criminal appeal being aggrieved by the judgment of conviction and sentence dated 16-1-2003 passed by the learned 3rd Additional Session Judge (Fast Track Court), Kanker in Sessions Trial No. 437/2002, where by learned Additional Sessions Judge after holding the accused/appellant guilty for commission of the offence under Section 302 of the I.P.C., sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/- in default of payment of fine to further undergo R.I. for 3 months.

(2.) BRIEFLY stated facts of the prosecution case necessary for disposal of this criminal appeal are that PW-3 Rehmat Bi gave the merg intimation Ex. P. 2 to the In-charge Police Station Kanker that today i.e. 04-8-2002 at about 7.30 p.m. when she was at her residence, at that time, Chotte Khan & Bhuri came to her house and informed that Abdul Farid Khan @ Munna has murdered Samshad Begum in the street of Sanjay Nagar Colony. On hearing this she went to the scence of occurrence along with Chotte Khan & Bhuri and saw that the body of her daughter Samshad Begum was lying in fornt of the house of one Patiram in the street of Sanjay Nagar Colony. The injuries were inflicted by some sharp edged weapon on the neck and hand of Samshad Begum and blood was oozing out form the injuries. Deceased Samshad Begum was married to accused/appellant about 13 years back, she delivered three children out of the wedlock. Around about four years back accused/ appellant Abdul Farid deserted her daughter and on account of that animosity he has murdered her daughter Samshad Begum. On receiving this information the Station House Officer namely Yashwant Tekam registered the F.I.R. (Ex. P-1), thereafter, he proceeded to the scene of occurrence and after giving notice Ex. P-4 to the Panchas, he prepared the Panchnama (Ex.P-5) of the dead body of deceased Samshad Begum. During the police custody the accused/appellant gave information to the Investigating Officer under Section 27 of the Evidence Act (Ex.P-7) and in pursuance of that he got recovered a dagger (Katari) under Ex.P-8, his clothes were taken into possession by the Investigating Officer under Ex. P-9, clothes of deceased Samshad Begum were also taken into possession vide Ex. P-11 & 12 Dead body of Samshad Begum was sent for post mortem examination to Govt. K.D. Hospital, Kanker, where Dr. Balkrishan Verma (PW-18) conducted the post mortem and prepared a report (Ex.P-18). He opined that the cause of death was shock due to excessive bleeding and death was homicidal in nature.

(3.) THE learned Additional Sessions Judge after hearing Additional Public Prosecutor, counsel for the accused and perusal of the evidence, convicted and sentenced the accused/appellant in the aforesaid manner.