ABID Vs. STATE

JUDGEMENT

(1.) The present jail appeal has been preferred by the accused appellant Abid against the judgment and order dated 14.5.1997 passed by Additional Sessions Judge, Mahoba in Session Trial No.158 of 1995 convicting and sentencing the appellant for the offence punishable under Sections 302/34 I.P.C. to undergo life imprisonment.

(2.) At the outset, it is mentioned that against the impugned order co-accused Nasir filed a criminal appeal no. 2863 of 1999 before this Court which was dismissed vide order dated 27.2003. From a perusal of the said judgment and order it reveals that though the record of the appeal filed by the present appellant, namely, Abid was not before the Coordinate Bench while deciding the appeal filed by the co-accused, yet the findings recorded by the trial court in the impugned judgment and order in regard to the present appellant was also scrutinized on merits and appeal was dismissed exercising suo moto power. When the present appeal was placed before another Bench for hearing, the Division Bench, after perusing the said judgment and order dated 27.2003 passed in the aforesaid jail appeal, vide order dated 15.9.2017 observed that the present appeal was required to be re-heard as it was never heard and the appeal was directed to be listed for final hearing on 6.10.2017. Hence in the backdrop of above facts, we are proceeding to decide the present appeal on merits.

(3.) The facts of the case, as unfolded by the informant Mohd. Iqbal, son of the deceased, are that his father Mohd. Murtaza had gone to Mahoba on 08.10.1991 and in the evening was returning from bus stand to his house. As soon as at about 7.00 p.m. he had reached near the house of Munnu Behna, Nasir son of Munnu with 'farsa' and Abid (appellant) son of Alihasan Ansari with 'axe', with intention to kill, started to beat Mohd. Murtaza. When Sattu son of Ram Sewak, Wajir son of Basir, resident of Kulpahar Town saw the incident and rushed to save the deceased, Nasir leaving his sleeper (chappal) sheltered in his house alongwith Abid. The incident was witnessed by some other persons. When Wazir informed about the incident to the informant, he reached there and taking his father in faint and injured position proceeded to Government Hospital and after providing first aid, while he was going to Chhatarpur in a jeep for better treatment, he succumbed to injuries on the way near the Jaitpur town.