STATE OF MP Vs. MOHAMMED JAVED

JUDGEMENT

(1.) APPELLANT State has preferred this appeal against the impugned judgment dated 21.7.1988, passed by Vth Additional Sessions Judge, Bhopal in Sessions Trial No. 145/87, whereby respondent accused Mohammed Javed was acquitted of the charge under section 302, of the Indian Penal Code.

(2.) POLICE Talaiya, Bhopal after completing the investigation of the case registered at Crime No. 310/87, charge-sheeted respondent accused Mohammed Javed for the alleged commission of the offence punishable under section 302, of the IPC. Respondent accused Mohammed Javed was alleged to have committed murder of one Mohammed Sharief by causing injuries on him by means of a knife, at about 10.00 a.m., on 8.7.1987. Respondent accused Mohammed Javed abjured his guilt and pleaded false implication to the charge framed by the trial Court under section 302 of the IPC.

(3.) THE trial Court, on the ocular and medical evidence led by the prosecution at the trial, found it proved that deceased Mohammed Sharief sustained as many as 12 external injuries on 8.7.1987, and died a homicidal death on account of those injuries. The trial Court, on a close scrutiny of the evidence led by the prosecution at the trial, found that the evidence of the prosecution witnesses suffered from serious infirmities and as such could not be acted upon. The trial Court, therefore, recorded the impugned judgment of acquittal of respondent accused Mohammed Javed of the charge under section 302, of the IPC.