FAROOQ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Farooq has been convicted under Section 302, Indian Penal Code and sentenced to imprisonment for life. Four other persons were also prosecuted and tried with the appellant but they have been acquitted.

(2.) THE prosecution case is that on 18-6-1988 at 9. 30 A. M. accused Farooq fired at deceased Chandan Singh in the house of Guljari Seth in Chhatarpur resulting in his death. According to the prosecution this incident was witnessed by Munna Singh (P. W. 6), who is brother of the deceased. He was there with the deceased for settlement of accounts with Guljari Seth. It is also the prosecution case that Nathuram (P. W. 4) and Deshraj (P. W 7) were labourers in the employment of deceased Chandan Singh and they were waiting out-side the house to get the payment of their wages and they also saw a part of the incident and Munna Singh (P. W 6) told them immediately that his brother Chandan Singh has been shot dead by accused Farooq. A telephonic message was received at Chhatarpur Police Station at 9. 35 A. M. regarding firing in Mohalla Gwal Mangra and it was recorded in Rojnamcha Sanha, a copy of which is Ex. P-16. Abhimanyu Mishra (P. W. 10), Sub-Inspector of Police, proceeded to the spot and found Chandan Singh in badly injured condition. He hastened to take him to the hospital where he was declared dead at 10. 10 A. M. He was initially examined by Dr. Hari Agrawal (P. W 2) and he noted injuries on the body of Chandan Singh. His report is Ex. P-2. The autopsy was conducted by Dr. A. K. Shrivastava (P. W. 5 ). The post-mortem report is Ex. P-7. In his opinion the cause of death was the gun shot injury sustained by the deceased in his abdomen (aorta) and spinal injury. Munna Singh (P. W. 6) has lodged the F. I. R. on 18-6-1988 itself at 10. 25 A. M. and that is Ex. P-8. According to the prosecution, the FIR was promptly lodged and there was not delay in recording the FIR.

(3.) ACCUSED Farooq pleaded not guilty. His defence is that he has been falsely implicated.