AJAJ ALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is directed against the judgment of conviction and order of sentence dtd. 24/01/2022 passed in Sessions Trial No. 189/2019 by the VIII Additional Sessions Judge, Raipur, C.G. whereby the appellant has been convicted and sentenced as under:- <FRM>JUDGEMENT_63_LAWS(CHH)3_2024_1.html</FRM>

(2.) Case of the prosecution in brief is that a report was lodged by Abdul Wasim in the police station Tikrapara alleging therein that on the afternoon of 25/5/2019, he along with his friend Mohammad Irfan went to his brother Mohammad Akil's (henceforth 'the Deceased') house for some work where his sister-in-law told him that his brother had gone to Gokul Nagar to meet Ezaj, then he also left for Gokul Nagar with his friend. It is alleged that on reaching near the veterinary hospital at around 03:30 pm, he saw that the accused/appellant was continuously stabbing the Deceased on the neck by a knife. Subsequently, the appellant seeing him, pushed the Deceased into the drain and ran away from there. It has been alleged that when he reached to the Deceased, he was lying in the drain on the roadside, his throat was badly slit and he died on the spot. It is alleged that the Deceased had borrowed a large amount of money to appellant, and he was not returning the money. On this matter, the appellant killed the Deceased by stabbing him on the neck by a knife. On the report of Complainant-Abdul Wasim, the crime was registered and taken up for investigation. During investigation, the dead body of the Deceased was examined; memorandum of the appellant was recorded, seizure action was taken, after sufficient evidence was found against the appellant, he was arrested.

(3.) After completing the investigation, a charge-sheet under Sec. 302 of the IPC and Ss. 25 and 27 of the Arms Act was filed. The charges were read over to the appellant.