MOHD HANIF KHAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal challenging the impugned judgment dated 21-2-2002 passed in S.T. No. 58/97 by learned VI Additional Sessions Judge. Indore (M.P.), whereby convicted the appellant under Section 302 of the Indian Penal Code (for short the I.P.C.'). sentenced to R.1for life with fine of Rs. 1,000/-. In default of payment of fine, he shall suffer additional R.1for two months.

(2.) Briefly stated the prosecution case. as unfolded before the trial Court, is that on 4-11-1996 at about 8.30 p.m. appellant-Hanif along with acquitted co-accused Munna alias Shehzad reached at the house of his sister, deceased-Farzana, at that time her husband Anwar (P.W.-5) was also present in the house, Appellant told his sister Farzana that she was called by their father. Farzana came out of her house and crossed about 50 paces, at that moment appellant and acquitted co-accused Munna started assaulting her by knife. She returned back to her house and with her husband Anwar reached to police station Chandan Nagar, which was situated at a distance of 1 k.m. from her house, and she lodged the report (Ex. P/41). Police also recorded the statement of Farzana (Ex. P/43) as per provision under Section 161 of the Criminal Procedure Code. Police send Farzana for medical examination and treatment to M.Y. Hospital, Indore, where she was admitted and her admission ticket is Ex. P/13. She was treated in the hospital and documents of treatment are Ex. P/14 to P/40. During the course of treatment deceased died in the hospital on 13-11-1996. During the course of investigation. police affected seizure of blood-stained, controlled earth and blood-stained Dupatta of the deceased from the spot, vide seizure memo (Ex. P/1). Spot map (Ex. P/2) was also prepared by the Investigating Officer. Appellant was nabbed and on his disclosure statement as per provision under Section 27 of the Evidence Act, vide Ex. P/6, a knife was seized through seizure memo (Ex. P/8). On completion of inquest report. the dead body was sent for post-mortem examination, which was conducted by P.W.-11 Dr. N.M. Unda. The post-mortem report is Ex. P/44. Seized articles were sent to Forensic Science Laboratory and its reports are Exs. P/49 and P/50. Investigating Officer had recorded the statements of the witnesses, who were acquainted with the facts of the case and on completion of investigation, filed the charge-sheet against the accused persons for commission of offence under Section 302 of "the I.P.C..

(3.) It is said that deceased had love marriage with P.W.-5 Anwar against the wishes of her family members, because of which appellant-Hanif was annoyed and keeping ill- will with her.