SHAKEER KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal assails the judgment dated 04-01-2006 of the learned additional Session Judge, Jaora (District Ratlam) in Session Trial No. 37/2005 by which the learned Judge has convicted the two appellants under Section 302 of the Indian Penal Code and sentenced each of them to imprisonment for life and fine of Rs. 2,000/ -. In default of payment of fine, the appellant, in default, has been directed to suffer further simple imprisonment for six months.

(2.) THE incident dates back to 11-1-2005 when in village Kushalgarh, within the jurisdiction of Police Station, Piploda, it is alleged that the appellants committed the murder of Wajid Khan. The case of the prosecution, in brief, is that Wajid Khan had gone to the field to graze his buffaloes. When, at about 2. 30 p. m. , Waris Khan (PW 1) had gone to give food to him, he saw that accused shakir Khan and Usman Khan were belabouring him with Sticks stating that why he was bringing his buffaloes for grazing towards their field. Wazid Khan was protesting stating that he was not caused and damage to their field and why they were beating him but still they continued beating him stating that why he was, at all, coming towards their field. When Waris Khan (PW 1) tried to save him, they rushed at him with the result he had to withdraw. The incident was also witnessed by Nasir Khan (P W 2 ). Wazid Khan became unconscious. Waris Khan (PW 1) rushed to the village and brought the village Chowkidar and other persons of the village to the spot. The matter was reported to the Police and on arrival of the Police, Dehati Nalish (Ex. P/l) was loged. The Police prepared spot map and held inquest. Thereafter the body of the deceased was sent to the hospital for post-mortem. His body was received in the Hospital by Dr. Prakash upadhyay (PW 6) who was posted as Medical Officer in the Civil Hospital, jaora. He, on external examination of the body, found six injuries which were duly recorded in the autopsy report Ex. P/9, According to the deposition of the doctor, the following injuries were found :-

(3.) AFTER the completion of the investigation, the appellants were prosecuted and although they denied having committed any offence, on trial, they were convicted and sentenced as hereinabove stated. The appellants have thus filed this appeal against the said judgment.