SHEIKH BASHIR Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Sheikh Bashir and Sheikh Shafiq, who stand convicted under Section 302, IPC read with Section 34 thereof with sentence of imprisonment for life vide impugned judgment dated 11-3-89 passed by the Second Additional Sessions Judge, Bhopal, in Sessions Trial No. 98/86, have filed this appeal under Section 374(2) of the Code of Criminal Procedure.

(2.) The prosecution case, in brief is that on 30-10-87 at about 12.00 o'clock in the afternoon the plouging operation was going on in the field of deceased Sheikh Nasir, known as "Raghunathwala khet'. Deceased Shekih Nasir along with Sayed Ali (PW -10). Sheikh Mohd. alias Gutkay (PVV-12) and Sheikh Rafique (PW-14) was ploughing the field. Sheikh Haneef (PW-9) and Sheikh Rayees (PW-11) were engaged in agricultural operations in the adjoining field. Appellant Sheikh Dasheer his two sons namely. Sheikh Shafiq, appellant No. 2, and Sheikh Sharif and his brother-in low, Sheikh Rehman reached the spot.

(3.) Appellants Sheikh Bashir and Sheikh Shafique were armed with ballams. Sheikh Rehrnan was armed with ballarn mounted on a rod. Sheikh Rehman abused the complainant party and asked them not to plough the field. Rehman tried to deal a blow of ballam on Sayed Ali which he saved. Appellant Bashir dealt a ballam on the head of Sayed Ali and dealt another blow on his shoulder. Sayed Ali ran away from the spot. Thereafter, appellant Bashir and Rehman dealt blows of ballam on Nasir. One blow of Rehman landed on the neck of Nasir which resulted in his instantaneous death on the spot itself. After the incident, the appellants and their co-accused Sheikh Sharif and Rehman went towards their village.