MOHD JAMIL Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by judgment of conviction and order of sentence dated 29-11-1997 passed by Additional Sessions Judge, Umariya, Distt. Shahdol, in Sessions Trial No. 210/1994 convicting the appellant under Section 302, IPC and sentencing him to suffer Rigorous Imprisonment for life, the appellant has knocked the door of this Court by preferring the appeal under Section 374(2) of Code of Criminal Procedure, 1973.

(2.) The facts shorn of unnecessary details lie in a narrow compass. Sushri Poonam Pandey (hereinafter referred to as 'the deceased') was a divorcee lady. She was living along with her mother Rukmani Pandey. One Tabeeb Khan outraged the modesty of deceased for one or two occasion and expressed her love to her but the deceased did not appreciate the act, on the contrary she pacified him that if he will not improve his attitude towards the deceased, she would narrate his shamefcl act to his wife and mother that he outraged her modesty. On this cause, said Tabeeb Khan provoked appellant against the deceased. Since the deceased was a divorcee, as a result of which appellant started outraging her modesty. Some time he caused 'Marpeet' to her, some time he threatened her, some time he tried to defame her. He also brandished country made pistol to her, not only this, he also pasted poster by writing his love story at several place. Despite all these adverse acts towards the deceased when she did not pay any heed to appellant, on the fateful day when the deceased was at her work place i.e. at Primary Health Centre, Pali, where she was working on the post of Nurse in the hospital, appellant entered in Medicine Distribution Department where the deceased was present and snooted her. The incident was witnessed by P. W. 1 Pappu and P. W. 2 Vijay Kumar Shrivastava.

(3.) On being asked by Vijay Kumar Shrivastava, Pappu Sweeper (P.W.1) named the appellant. P. W. 8 Bal Govind Mishra reported the matter to Dr. Ashok singh (P. W. 3). At. that time one Mushaphir Singh (P. W. 15) was with him. These two persons rushed towards the spot and found the deceased to be dead. Dr. Ashok Singh (P. W. 3) saw appellant running away from the spot but he could not identity him properly. Later on Vijay Kumar Shrivastava reported the matter to Police Station who registered the case against appellant under Section 302, IPC and under Section 25/27 of Arms Act.