SHEIKH SAYEED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of both the above appeals, since both the appeals arise out of the common impugned judgment.

(2.) Appellants Sheikh Sayeed, Sheikh Anees and Kishore have filed the above appeals against the judgment dated 6th May, 2000 passed by Special Judge (SC/ST) and Additional Sessions Judge, Bhopal in Special Case No.36/99 convicting them under sections 302, 397 read with section 394 of the Indian Penal Code and section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing them to imprisonment for life with fine of Rs.5000/-, rigorous imprisonment for 7 years with fine of Rs.3000/- and imprisonment for life with fine of Rs.10,000/- on each respectively. Appellant Rev Singh of Criminal Appeal No.2567/2000 has been convicted under section 302 read with section 120-B of the Indian Penal Code and has been sentenced to imprisonment for life with fine of Rs.5000/-. Though appellants Sheikh Sayeed, Sheikh Anees and Kishore have also been convicted under section 460 of the Indian Penal Code but only appellant Kishore has been sentenced to rigorous imprisonment for 5 years with fine of Rs.3000/-.

(3.) In short, prosecution case is that Mohan (the deceased) was working as Chowkidar on the agricultural farm of Shivlal Gandhi situated in village Jhagariya Khurd within the jurisdiction of police station Ratibarh District Bhopal. He, with his wife Santo Bai resided in a room constructed in the said farm. On 29.9.98 at about 10 o'clock in the night while Mohan was sleeping on a cot in front of his room and Santo Bai was sleeping inside the room, on hearing shrieks of Mohan, Santo Bai saw two persons catching hold of Mohan. Though Mohan tried to get himself released from the clasp of those persons but another person, who was wielding a knife, stabbed him in the chest. Santo Bai also tried to save Mohan but in vain. She went running towards the huts of accused Kailash and Rev Singh to seek help, whereupon they and another person came at her hut, but by that time miscreants had gone away. She found Mohan lying dead at some distance from the hut. Somebody informed to police Ratibarh on telephone therefore Station Officer viz. Punendra Singh (PW19) reached at the spot in the night itself and recorded Dehati Naleshi (Ex.P/19) given by Santo Bai. As per Dehati Naleshi, at about 3:00 a.m., First Information Report Ex.P/17 was recorded at police station. Police people drew the spot map Ex.P/35 and seized blood stained soil etc. from the spot. According to Santo Bai, she found that miscreants had also taken away Rs.7500/-, a deck and hmt watch of her husband. She also stated in Dehati Naleshi that she was able to identify the miscreants because she had seen them in the electric light of the hut. Dead body of Mohan was sent to Medico Legal Institute, Gandhi Medical College, Bhopal, where Dr.Ashok Sharma (PW8) conducted the postmortem examination.