AFSAR KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the criminal appeals which have been filed against the common judgment dated 10.4.1997 passed by the Additional Sessions Judge, Begumganj District Raisen in ST No. 72/1992, are being disposed off by the present judgment.

(2.) The appellants have preferred these appeals against the aforesaid judgment whereby each of them have been convicted for an offence under Section 302 read with Section 34 of IPC and sentenced to life imprisonment with fine of Rs.1,000/-. The default sentence of 4 months' simple imprisonment was also inflicted in lieu of payment of fine.

(3.) The prosecution's case, in short, is that on 20.9.1991 a dead body of Mushtaque Ahmed was found in the field of Satyanarayan Dubey at Village Kundali (Police Station Bamhori District Raisen). The dead body was decomposed, however it was sent for the postmortem. Dr. B.D. Khare (PW-9) performed the postmortem on the body of Mushtaque Ahmed at the Community Health Centre Bareli and gave his report Ex.P-5. He found that the deceased Mushtaque had died 48-72 hours prior to the time of postmortem. He found mainly three injuries on the deceased. Out of them, one injury was on the left neck, the second injury was on the back below the right shoulder and the third was on the left arm. In his opinion, the deceased had died due to internal hemorrhage and shock. However, his viscera was preserved and sent for forensic science analysis. After recovery of the body of deceased, the Investigation Officer had examined the witnesses. Rukhsana (PW-2) had informed that on 18.9.1991 at about 7-8 PM the appellants came to her house and took the deceased with them. On interrogation the appellants accepted their guilt under Section 27 of the Evidence Act and a dagger each was recovered from them. Some injuries were also found on appellant Asharam at his medico legal examination co-relating with the time of crime. After due investigation, a charge sheet was filed before the JMFC Raisen, who committed the case to the Court of Sessions, Raisen and ultimately it was transferred to the First Additional Sessions Judge, Raisen Camp at Begumganj.