IRFAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed the present appeal being aggrieved by the judgment dated 31.01.2009 passed by 11th Additional Sessions Judge, Indore in Sessions Trial No.465/07 whereby he has been convicted under section 302 IPC and sentenced to undergo life imprisonment with fine of Rs.500/-; in default of payment of fine, further RI for three months.

(2.) As per prosecution story complainant Mohd. Liyakat Kha lodged an FIR on 31.8.2007 near about 8 P.M that his uncle Mohd. Akram r/o Tanjeem Nagar, Murgi Kendra Ki Gali Kona Khajrana was engaged in the sale of eggs in front of his house. When Mohd. Akram was standing in front of his house his relative the appellant Irfan came on a motorcycle and took his uncle Mohd. Akram at one side of the Egg Stall and after some altercation followed by scuffle between Irfan took out a knife from his pocket and his two associates Moin and Ramu caught hold him and Irfan stabbed knife on his stomach. Thereafter they fled away from the spot from motorcycle . He was admitted in the Life Line Hospital. The FIR was registered as Ex.P/6. After the death of Mohd. Akram postmortem was carried out. The spot map was also prepared. The statement of witnesses was recorded and the accused were arrested. The charge sheet was filed against Ramu before the juvenile Court, but he was found more than 18 years of age, therefore, he was tried along with other two accused. Learned Sessions Court framed charge under section 302 read with section 34 against all the 3 accused. They abjured their guilt and pleaded for trial.

(3.) The prosecution has examined 15 witnesses and got exhibited 20 documents as Ex.P/1 to P/20. In defence the accused did not examine any witness but got exhibited 5 documents as Ex.D/1 to D/5 in the cross examination of PW/3.