MUMTAJUDDIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of Cr.P.C. by the appellant being aggrieved by the judgment of conviction dtd. 15/4/2013, passed by learned Additional Sessions Judge and Special Judge (Electricity Act), Indore, District Indore in Special Criminal Case No.115/2012, whereby the appellant has been convicted for the offence punishable under Sec. 302 of IPC, 1860 and sentenced to undergo Life imprisonment and fine of Rs.1000.00 and under Sec. 30 of the Arms Act 1959, sentenced for 06 Months R.I. with fine of Rs.500.00 respectively with usual default stipulations.

(2.) As per prosecution story, the complainant namely Siyauddin alongwith his son has lodged a report at police station Sadar Bazar, Indore on 11/11/2011 by submitting that he is resident of Sadar Bazar Main Road and having a gun shop by the name of Malwa Gun House. On that day, he was in his house and at about 3:00 AM, he heard a sound of firing and thereafter, he heard some voices from the house of his neighbour Mumtajuddin. When the complainant and his son Aashif went to enquire then they found that wife and daughter of Mumtajuddin namely Anjum Parveen and Amreen Parveen were crying, Mumtajuddin was standing there holding a gun in his hands and his sons Mohd. Iqbal and Mohd. Billal both were lying on the bed in bleeding condition. The blood was oozing out from their heads. They felt that Iqbal was looking expired and Billal was looking alive. Mumtajuddin has committed murder of both of his sons by the 12 bore gun. Based on the said information, the police has registered the FIR bearing Crime No.440/2011 under Sec. 302 of IPC and under Sec. 30 of the Arms Act.

(3.) The police after following the due procedure of law, reached the spot, prepared the spot map; collected the blood stained cloths; recorded the statement of the witnesses; arrested the accused person/appellant and on his instance seized the gun used in the crime. After due investigation and reconnaissance, charge sheet was filed before the Judicial Magistrate First Class, who has committed the matter before the Session Judge.