STATE Vs. MOHAMMAD SHAFIQ

JUDGEMENT

(1.) Learned IV Additional Sessions Judge, Bhopal, has award the sentence of death to respondent/accused and has made reference f the proceedings to this Court for confirmation of the death sentence passed by the impugned j udgment. The appellant has challenged the conviction and the sentence of death and other sentences awarded to him by the Trial Court. Since the reference and the appeal arise out of the same impugned judgment, both are being disposed of by this common judgment.

(2.) Appellant Mohd. Shafiq has filed the appeal against the judgment dated 18-1-2010, passed by the IV Additional Sessions Judge, Bhopal, in Sessions Trial No. 329/2009, convicting him under Sections 302,307 and 309 of the Indian Penal Code and sentencing him to death for committing murders of Sanjida, Rubina and Amina with fine of Rs. 3000/-, Rigorous Imprisonment for 10-10 years with fine of Rs. 1000/- - 1000/- on two counts and Simple Imprisonment for one year, on each count respectively. Sentences of imprisonment have been directed to run concurrently.

(3.) The prosecution case is that on 4-2-2009 Head Constable Ramkripal of Police Station, Habibganj, District Bhopal, received information that some incident had taken place in a house situated near Ahle Hadi Maszid in New Kabad Khana locality. Somebody's neck had been chopped and blood was spread. After recording this information in General Diary, Sub Inspector Chandraveer Singh Rathore (P.W. 11) and head Constable Devi Singh rushed to the spot in the mobile van. Chandraveer Singh Rathore found five persons lying injured in pool of blood. He shifted the injured persons to hospital. Injured Amina and Rubina, who were the daughters of the appellant, were declared dead. Sanjida, wife of accused, died on 5-2-2009. Other two daughters of accused, viz., Arsi and Ayna were injured. Dead bodies of three deceased persons were sent for post-mortem examination and injured girls were sent for treatment and medico legal examination. A dying declaration (Exh. P-39) of injured Ayna @ Seema was recorded by Executive Magistrate Chandra Shekhar Shrivastava. During investigation, an iron hammer, a Chhuri, blood stained clothes, bed sheets etc. were seized from the room and were sent to FSL for chemical examination. Since there were injuries on the body of appellant also, he was also sent for medical examination. Some pieces of papers, purporting to be suicidal notes, were seized from the room where the incident took place. The First Information Report (Exh. P-26) was recorded by Nagendra Kumar Pateria (P.W. 16), Station Officer of Police Station Hanumanganj, Bhopal under Sections 307,302 and 309 of the Indian Penal Code.