MOHD SAGIR Vs. STATE

JUDGEMENT

(1.) THE appellant Mohd. Sagir along with co-accused Kamruddin (who was declared a PO during trial) were charged with the offence of causing death of mustkin and on being found guilty, the appellant Mohd. Sagir was convicted under Section 302/34 of IPC in terms of the impugned Judgment dated 29. 10. 1996 and sentenced to undergo life imprisonment and to pay fine of Rs 2,000/- and in default of payment of fine to further undergo SI for three months in terms of the order on sentence dated 30. 10. 1996. This has resulted in the present appeal being preferred before us.

(2.) THE case of the prosecution is that on the fateful intervening night of 07/08. 07. 1992 at about 4 AM the appellant accompanied by Kamruddin went to the bullock cart (baghi) where the deceased had been sleeping. The appellant is alleged to have held his feet while Kamruddin hit him on the head with a heavy object which caused his death. On information being received, ACP Shiv kumar/pw12 reached the place of occurrence at about 4. 45 A. M. and found the dead body of the deceased on the bullock cart (baghi) with blood stains on the right temporal region.

(3.) THE statement of Shahbuddin/pw3 was recorded at the site which is expw12/a and the same was sent to police station for registration of the case. Const. Balledin handed over the rukka to ASI M. Ralangi/pw9 who recorded the fir under Section 302/34 of IPC (Expw5/d ). The bullock cart (buggi) and the blood stained bed sheet were taken into possession by SI Jai Parkash/pw2. Photographs were taken and the site plan was drawn. On completion of investigation, charge sheet was filed. The appellant pleaded innocence and claimed trial.