KAMMU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal no.917/2013 (Kammu @ Kamlesh Vs. State of M.P.), Criminal Appeal no. 936/2013 ( Sheju Mewati @ Shahjad Kha Vs. State of M.P.) and Criminal Appeal no. 988/2013 (Rijwan @ Teju Sheikh, Jafar and Ansar Vs. State of M.P.) as all these criminal appeals are arising out of common judgment dtd. 29/06/2013 passed in Sessions Trial no 100/2011 by 5th Additional Sessions Judge, Mandsaur, whereby the appellants have been convicted and sentenced as under : <FRM>JUDGEMENT_50_LAWS(MPH)3_2024_1.html</FRM>

(2.) Brief facts of the case are that on 29/01/2011, appellants Kammu @ Kamlesh, Sheju, Ansar, Rijwan @ Teju, Jafar hatched criminal conspiracy for murder of Ahsan and in furtherance of their criminal conspiracy, at about 9.00 pm at night, the accused persons came at the house of deceased Ahsan with white colored Indica car. They called Ahsan. When Ahsan came out of his house, accused Kammu and Sheju started talking with him. Thereafter, they took Ahsan with them in the aforesaid car. On the next day morning at about 7.00 am, one Nahru informed complainant Chand Kha that one dead body was lying near the boundary of Suresh Seth, then the complainant went there and saw that the dead body, which was lying there, was of his son Ahsan, who sustained gun shot injury on the head. Then, complainant Chand Kha went to police station- Kotwali, Mandsair and lodged FIR Accordingly, Crime no. 76/2011 under Sec. 302/34 of IPC was registered against accused/appellant Kammu @ Kamlesh and Sheju. During investigation, Investigating Officer reached the spot, prepared spot map and recovered blood stained soil, simple soil, four empty shell of cartridges, two live cartridges, one cap and slipper (chappal) etc from the place of the incident. During investigation, it was gathered that appellant/accused Kammu and Sheju Mewati @ Shahjad Kha took deceased Ahsan towards Chhajukheda road with other persons. Appellant Kammu informed co-accused Ansar, Jafar and Rijwan, then Jafar, Ansar and Rijwan came there.Thereafter, Ansar fired gun shot at the head of Ahsan, due to which, he died on the spot. Police arrested all the accused persons and on the basis of their disclosure statements, Indica car and motorcycle were recovered and pistol was also recovered from the possession of accused Ansar's brother Jafar. All the seized articles were sent to FSL, Sagar for its chemical and ballistic examination.

(3.) After completion of investigation, charge sheet was filed before JMFC, Mandsaur, who committed the case to the Court of Sessions, Mandsaur. Later on, matter was transferred to the Court of 5th ASJ, Mandsaur. Prosecution examined as many as 27 witnesses, while the defence did not examine any witness. The trial Court, after scrutinizing the evidence available on record, convicted and sentenced the appellants as stated herein above. Being aggrieved by the impugned judgment, the appellants have preferred present criminal appeals before this Court.