ANWAR ALIAS ANNU Vs. STATE OF MP

JUDGEMENT

(1.) Both these appeals arise out of a common judgment passed by the Trial Court, therefore, they are being decided by this common judgment.

(2.) The appellants have filed these appeals against the judgment and order of conviction and sentence dated 22-7-2004 passed by the learned Additional Sessions Judge, Khachrod, District Ujjain in Sessions Trial No. 09/2002 by which appellants stand convicted under Section 302 of the IPC and sentenced them to undergo life imprisonment with fine of Rs. 1,000/- each with defaulting clause of imprisonment of three months RI each.

(3.) According to the prosecution case on 8-9-2001 complainant Rajkumar (P.W. 5) along with his brothers Bhaskar Verma (P.W. 7), Mahendra (P.W. 8) and deceased Jugalraj in the nigh at 10 p.m. had gone behind the liquor shop situated at M.G. Road, Nagda. Mahendra and Jugalraj were not taking liquor, therefore, they stayed in the lane and Rajkumar and Bhaskar Verma had gone to liquor shop for purchasing the same. All of a sudden Bhaskar Verma and Rajkumar over heard the shouting of Mahendra that Jugalraj sustained injury on which Rajkumar and Bhaskar Verma rushed towards the place of incident and saw that three persons were assaulting Mahendra and Jugalraj. All those three miscreants while seeing Rajkumar and Bhaskar Verma fled away from the place of occurrence. Mahendra was knowing the assailants and also sustained injury on his hand in the same incident whereas Jugalraj sustained injury on chest and other parts of the body. Jugalraj fell on the lane and blood was oozing from his wounds. Rajkumar and Bhaskar Verma reached near him and found him dead. Because of fear, they had ran away from the spot. Rajkumar lodged a report at Police Station, Nagda which was recorded by SJIO Narendra Kumar Dixit (P.W. 11) vide Exh. P-14. Police registered Crime No. 379/2001 under Section 302/34 of the IPC and stepped into investigation. On the next day, Le., 9-9-2001 in the morning inquest report (Exh. P-2) was prepared by the Police. The spot map (Exh. P-3) was also prepared and blood stained and controlled earth were seized from the spot. The dead body of Jugalraj was sent for post-mortem examination which was performed by Dr. A.K. Dubey (P.W. 4). Dr. Dubey also examined Mahindra and gave post-mortem report (Exh. P-12) as well as MLC report (Exh. P-l 1). Appellants Anwar and Gopal were arrested on 10-9-2001 and were put for test identification parade conducted by Nayab Tehsildar Shantilal Shrimaal (P.W. 10) on 29-11-2001, vide TI parade memo (Exh. P-16). Investigating Officer 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 appellants Anwar and Gopal showing that appellants Kanhaiya had absconded. Kanhaiya was arrested during the course of trial and also tried along with other two co-accused in the same trial.