ZAFAR @ MUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 01/11/2018 passed in Registration No.500833/2012, whereby learned XX Additional Sessions Judge, Indore (M.P.) has convicted the appellant under Sec. 302 of Indian Penal Code, 1860 (hereinafter for short referred as, 'IPC') for committing murder of Mehboob Khan and sentenced to undergo Imprisonment for Life with fine of Rs.10,000.00 and in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) It is admitted that Firdaus (PW-11) is wife and Tasmiya @ Saniya (PW-35) is daughter of the appellant. It is also not in dispute that at the time of incident, Firdaus (PW-11), daughter Tasmiya (PW-35), son Yavar and Aasif and younger daughter Phalak were present on the spot. It is also not in dispute that injuries have been caused to the deceased by knife, who was domestic help with the appellant.

(3.) Prosecution story as having emerged during trial briefly stated is that on 17/02/2012 an information was given to Police Station Pandhrinath that Mehboob Khan resident of 122/2, Nagharsiddhi, Indore has been killed by the appellant by stabbing in his bedroom. On this information, Head Constable Dashrath Mandloi, who was on duty in Bombai Bazar Police Chowki came to the house of the appellant with Constable Arun, where Tasmiya @ Saniya on inquiry informed that a quarrel took place between servant Mehboob Khan and appellant Zafar @ Munna. Deceased stabbed his father, the appellant Mehboob Khan and on this appellant also in self defence stabbed Mehboob Khan, who is lying in the injured state in bedroom and his father, who is also injured has been taken to hospital by his mother, wife of appellant Firdaus (PW-11). On the first floor of the house in bedroom of appellant, Mehboob Khan was found unconscious state with bleeding injuries on his face and stomach. He was taken to the ground floor with the help of the persons present there and Constable Manoj in auto-rickshaw took the injures Mehboob Khan to the Hospital, where doctor declared him dead. The dead body of the deceased was sent to mortuary and FIR (Ex.-P/7) was registered at Police Station Pandhrinath on 17/02/2012 at Crime No.46/2012 under Sec. 302 of IPC and investigation was ensued.