JACKAB Vs. STATE OF MP

JUDGEMENT

(1.) This criminal Appeal, presented under Sec.374 of the Code of Criminal Procedure, is directed against the judgement dated 10.12.1987 delivered by Sessions Judge, Ratlam in S.T.No. 118/86, thereby holding the appellant guilty under Section 302/34 IPC and Sentencing him to imprisonment for life. The co-accused, at the time of judgement, was reported to be absconding.

(2.) Briefly stated, the facts of the case are that on 7.3.79, Kawasji (PW 5) closed his shop at Freeganj, Ratlam at about 9.30 P.M. and proceeded to his residence along with Marzban (deceased) and Naval Shah (PW 5A). Kawasji had a bag with him which contained a days income of the shop. When they came near the school in open place, two persons rushed towards them demanding them to shop. The appellant had a knife with him, while the co-accused had revolver with him. Kawasji (PW 5) questioned them as to what the matter was. On this, the accused persons asked Kawasji to handover the bag which was in his hand. They also threatened that if the bag was not handed over to them, they will shoot him. The other accused fired in the air to convey threat more effectively. Due to fear Kawasji fell down. Kawasji (PW 5) got up and shouted the words thief, thief. Merzban succeeded in snatching away the bag from hands of Kawasji Coaccused again fired, as a result of which Merzban sustained injuries and fell down. The accused persons ran away. Kawasji (PW 5) and Naval Shah (PW 5A) chased the accused persons to catch them but did not succeed. Naval Shah and Kewasji returned and took wounded Merzban to the hospital. FIR was lodged by Merzban (Ex. P/li) on the same day. On 28.3.1979, Merzban died due to bullet injuries sustained by him. The appellant was armed with knife. The investigation commenced on the report Ex. PIll and spot map (Exp. P/12) was prepared. Kawasji (PW 5) was got medically examined. Injury report is Exh. P/18. Injury report of M.A. Merchant s/c Ardeshir is Exh. P/17 and X-Ray Report/Plate is Exh. P/6, P/7, P/8, P/9 and P/b. The autopsy of the deceased was conducted by PW 11, Dr. Abhay Chopra. Post Mortem Report is Exh. P116. The witnesses were interrogated. After completion of investigation, challan was failed against appellant and co-accused Rajesh Mathur. Accused Rajesh was declared as absconding by order dated 8.8.86 by the Committal Court. The case of the appellant was committed to Sessions Court for trial. The appellant was charged under Section 302/34 IPC to which he pleaded not guilty. After trial, the appellant was convicted and sentenced as noted above. He has fired this Appeal.

(3.) The execution of sentence of imprisonment was suspended by this Court on 11.1.1988.