MUNNE ALIAS MUNNA Vs. STAT OF M P

JUDGEMENT

(1.) Additional Judge to the Court of Sessions Judge Bhopal, in Sessions Trial No. 174 of 1980, by his judgment dated 31/12/1980 convicted the appellant for an offence under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life. This appeal is against that conviction and sentence. The appellant being unrepresented counsel was provided to him by the Registry.

(2.) The prosecution case briefly stated is that in the evening of 20-6-1980 deceased Rafiq accompanied by his. friend Mohd Mehfoozullah (PW. 1) was going to a hotel for taking a cup of tea. While so going they noticed that a few HAMMAIS were quarrelling amongst themselves in front of Welcome Transport Company. This is in the Itwari market, a busy locality of Bhopal town. The deceased having noticed that quarrel, stopped there and wanted to know the reason for that quarrel. It. is said that the appellant who was one of those HAMMAIS objected about the deceased intervening in the matter. The deceased and Mohd Mehfoozullah quietly proceeded ahead. After taking tea from a stall the deceased and Mohd Mehfoozullah returned back. The deceased however, was to join back Mohd. Mehfoozullah after returning from the house, but he did not. Mohd. Mehfoozullah (P.W. 1) who worked in the transport office came out to see whether the deceased had come back and at that time noticed that the appellant was man-handling Rafiq and assaulting. him with fist blows in from of Satya Vijay Transport Company. He also saw that the appellant was dragging the deceased towards the hotel of one Badri halwai. On taking him to that place, appellant took out a knife from underneath his under wear and inflicted, repeated knife blows on the deceased till he fell down. The appellant fled away from there brandishing the knife and thus detering the persons who were chasing him. This took place at about 6.45 P.M.

(3.) Constable Han Singh (PW. 10) was on duty in the market and he was informed by someone that some knife. incident has taken place near Satya Vijay Transport Company. Therefore, Had Singh along with some S.A.P. constable reached the spot and saw a person lying injured whose name he subsequently learnt to be Rafiq. This constable also learnt from the persons present on the spot that Munne after inflicting knife blows to Rafiq had fled away from there. Rafiq who was soiled in blood was sent in an auto-rikshaw to the Hamidiya Hospital. Constable Had Singh (PW. 10) informed about this incidem on telephone to the police station. Head Constable Raghunath Prasad (PW. 14) who was on duty in the police station received the telephonic information from constable Had Singh (PW.10) that Munne Mahhal had inflicted knife blows on Raliq who has been sent to Hamidiya hospital The Head Constable entered this report in the Roznamcha Ex. P. 15.