AALAM KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) BOTH the aforesaid appeals have been filed against the same judgment of conviction and sentence, hence taken up together and dispose of by this common judgment.

(2.) THESE appeals have been directed by the appellants against the judgment of conviction and sentence passed by the learned I Addl. Sessions Judge, Shajapur in Sessions Trial No. 227/1995, dated 7 -7 -1997, thereby convicting the appellants under sections 302/34 and 323/34 of Indian Penal Code and sentencing each of the appellant to suffer R.I. for life and fine of Rs. 2000/ - and three months R.I. with fine of Rs. 250/ -, in default of payment of fine each of them were directed to undergo R.I. for one month. However, both the substantive sentences were directed to run concurrently.

(3.) DECEASED Mehboob was immediately taken to the Primary Health Centre, Masksi along with Abdul Hakim (PW.2). They were examined by Dr. Sunil Kumar Soni (PW.1). Ex.P.1 is the MLC report of deceased Mehboob and P.2 is the report of Abdul Hakim (PW.2). Because of serious condition of deceased Mehboob, Dr. Soni immediately referred Mehboob for x -ray and further treatment with reference letter (Ex.P.3) to District Hospital, Ujjain. Jagdish Chandra Tiwari (PW. 15) prepared spot map (Ex.P.4). He also seized blood stained earth, controlled earth, blood stained paijama, one pair pump shoe and one pair chappal from the spot. Including appellants nine persons were arrested. The deceased Mehboob died in Ujjain hospital during treatment on the same day. Death was reported to Kotwali Police, Ujjain, who prepared inquest of the dead body (Ex.P.24) and sent the dead body with medical requisition form (Ex,P.25) for post -mortem. Autopsy was performed by Dr. Sunil Kumar Jamindar (PW.10). His report is Ex.P.22. After required investigation, charge -sheet was filed against nine accused persons before the Court below.