HASAN MOHAMMED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) GANGELE, J : Since, both these criminal appeals are arising out of a common judgment of conviction and sentence dated 16/9/1999 passed by the Additional Sessions Judge, Sheopurkalan (M.P.) in Sessions Trial Nos. 198/89 and 199/89, they are heard together and are being disposed of by this common order. For the sake of convenience, the facts stated in Cri.Appeal No. 558 of 1999 are exposited hereinafter.

(2.) THE appellants have filed this appeal under Section 374 of Code of Criminal Procedure against the judgment of conviction and sentence dated 16/9/1999 passed by the Additional Sessions Judge, Sheopurkalan (M.P.) in Sessions Trial Nos. 198/89 and 199/89, whereby in Session Trial No. 198/89 the appellant Hasan has been convicted under Section 302 of IPC for murder of deceased Jaju and sentenced to suffer life imprisonment with fine of Rs.500/ with default stipulation, the appellant Umar has been convicted under Section 302/34 of IPC and sentenced to suffer life imprisonment with fine of Rs.500/ with default stipulation and in Session Trial No.199/89 the appellant Umar has been convicted under Section 302 of IPC for murder of deceased Kaiyum and sentenced to suffer life imprisonment with fine of Rs.500/ with default stipulation, the appellant Hasan has been convicted under Section 302/34 of IPC and sentenced to suffer life imprisonment with fine of Rs.500/ with default stipulation. During the pendency of appeals, appellant No.1 Hasan Mohammad has been died.

(3.) LEARNED counsel for the appellants has contended that all the witnesses are the interested witnesses, hence, the trial Court has committed an error of law in holding the appellant guilty for the offence under Section 302 and also under Section 302 read with Section 34 of IPC. Learned counsel further submitted that in alternate, as the incident had happened on sudden provocation, therefore, the appellants may be held guilty for the offence punishable under Section 304 Part I of the IPC.