WAKIL KHAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellants called in question the legality of judgment of conviction and sentence passed by the learned Special Judge, Shajapur in Special Sessions Trial No. 111/2004 thereby convicting the appellant Wakil Khan under Section 302 of the IPC and appellants Tajuddin and Bhuru Khan u/S. 302/34 of IPC, sentencing each of the appellants to suffer R. I. for life and fine of Rs. 1000/-, in default of fine, each of them to suffer further three months R.I.

(2.) The prosecution case as put forth before the trial Court in short is that on 5-7- 2004, Amrit Bus was going from Sonkatch to Khuravar, which was driven by driver Babusingh. The bus was full of passengers and some passengers were standing. When bus reached at village Aagkhedi, deceased Mahesh, Rambabu (P.W. 2), Jagdish (P.W. 5) and one Ram Singh also boarded the bus. In this bus, the appellants were already travelling and they were standing. When bus proceeded from village Aagkhedi, appellant Wakilkhan asked deceased Mahesh to go some step ahead and on this, verbal dispute commenced between them. The appellant Wakilkhan abused the deceased Mahesh in the name of caste. Thereafter appellant Tajuddin gave a slap and appellant Bhuru Khan caught the hands of deceased. It is further said that in the mean while appellant Wakilkhan took out knife and started assaulting deceased by knife. The appellant Wakilkhan caused as many as five blows on the person of deceased Mahesh. The bus was got stopped near village Khokharkala where all the appellants got down from the bus and fled away. Witnesses Dinesh and Rambabu lifted Mahesh outside from the bus and boarded another bus going towards Kalapipal. The said bus was being driven by driver Sheikh Mukim. Near village Aagkhedi, Badrilal, the father of deceased Mahesh also Joined them in the bus arid bus proceeded to Kalapipal hospital, but injured Mahesh succumbed to the injuries on the way. The FIR was lodged in the Police Station Kalapipal by Dinesh (P.W.1). Report is Ex. P.I. On the basis of this report, Crime No. 202/2004 was registered against all the three appellants u/Ss. 323, 302/34 of IPC and u/S. 3(1){10) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act. The dead body was sent for post-mortem and post-mortem was performed by Dr. G. S. Saxena (P.W. 11). After investigation, the appellants were charge- sheeted.

(3.) The appellants have pleaded not guilty and contended that they were falsely implicated. They have not examined any witness in defence whereas prosecution has examined 14 witnesses and got proved total 26 documents, including Forensic Science Laboratory Report. The learned trial Court, relying on the eye-witnesses account of Dinesh (P.W. 1), Rambabu (P.W. 2) and Jagdish (P.W. 5) and medical evidence of Dr. G. S. Saxena (P.W. 11) as well as other corroborative piece of evidence. Convicted the appellants as mentioned above. The appellants have been acquitted from the charges u/S. 3(2)(5) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act. Hence this appeal.