LALU ALIAS NAZEER Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Lalu alias Nazeer, Kausar Bi and Mohsin alias Yasin have been convicted under Section 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life with fine stipulation. One more appellant, Zahir was also convicted and sentenced alike but he died during the pendency of appeal and hence his name has been deleted from the cause title. The victim of the incident was Abdul Hameed aged about 40 years. He was married to Ashia (P.W. 5) and Sammo (P.W. 6) is her sister. Also Moin alias Moinuddin (P.W. 8) is his brother-in-law.

(2.) The case of prosecution was that on 29-12-2000 at about 2.00 p.m. Zahir went to the house of Abdul Hameed on a scooter to bring him to his house. But Abdul Hameed asked Zahir to meet him later in the evening at his in-laws place where he would be going. Zahir, therefore, went to that place and brought Abdul Hameed to his house on a scooter. And in his house, Zahir along with Lalu, Kausar Bi and Mohsin committed the murder of Abdul Hameed by causing multiple injuries to him with sharp-edged weapons. Kausar Bi is wife of Zahir whereas Lalu is his brother and they lived together in the same house. Mohsin is known to Zahir. At the time when injuries were being caused to Abdul Hameed, Abdul Majid (P.W. 12) asked Lalu and Zahir not to cause injuries but they chased him out. Abdul Majid then went to Moinuddin and informed him about the incident. Moinuddin, in turn, requested Abdul Majid to lodge the police report, Abdul Majid, therefore, went to Police Station; Garha, Jabalpur, and lodged the First Information Report against Lalu, Kausar Bi, Mohsin and Zahir. The police immediately rushed to the spot and found the dead body of Abdul Hameed there, with injuries all over.

(3.) Dr. J.L. Sehgal (P.W. 14) conducted the post-mortem examination on the dead body of Abdul Hameed. He found nine incised, four chopped and three stab wounds on the body. He opined that the injuries were caused by heavy sharp cutting objects and sharp cutting penetrating objects. According to him, the cause of death of Abdul Hameed was homicidal due to multiple injuries. During investigation, the police recorded the statements of number of witnesses including Saira Bano (P.W. 4). The police also seized blood-stained baka, shoes socks and some pieces of burnt clothes from the possession of Lalu pursuant to his memorandum. These articles were then sealed and sent to Forensic Science Laboratory, Sagar, for their chemical analysis.