SHARIF KHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant named above stands convicted under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life with fine of Rs. 500/-, in default of payment of fine to suffer additional RI for three months by judgment dated 28-9-1996 rendered in S. T. No. 312/1993 by the learned Vth Addl. Sessions Judge, Ujjain. Being aggrieved by the said judgment, the appellant has come up in appeal before this Court.

(2.) THE prosecution case as unfurled before the Trial Court was that on 1 -8-1993 Abdul Hamid was in his house. At that moment Basru quarrelled with Ashiq s/o Hamid and assaulted him. This incident was intervened and pacified by Abdul Hamid. On account of this incident, Ashiq and Basru had gone to lodge report at P. S. Jivajiganj. Abdul Hamid had also gone to Police Station. At the police station, Abdul Hamid came to know that his son Ashiq was referred to the hospital for his medical examination, therefore, he also went to the hospital to see his son at about 12. 15 in the night. At the cycle stand accused Chand Khan and Kamruddin met him and alleged him to ensue quarrel on which Abdul Hamid replied that he did not do so and merely pacified the quarrel. On this reply, Chand and Kamruddin abused Abdul Hamid and threatened to eliminate him. Thereafter Abdul Hamid proceeded from there and went upto the porch. At that time, accused Kamru and Chand caught hold of the hands of Abdul Hamid and accused Sharif came from inside the hospital and inflicted a knife blow at the right side of the abdomen of Abdul Hamid. Seeing this, people assembled there and the accused persons (led away from there. Deceased was assaulted on account of ill-will due to business of "silavati". A report of the incident was lodged by Abdul Hamid vide Exh. P-1, recorded by S. I. Shri Arvind Tambe (P. W. 15) in Civil Hospital compound. On the basis of this report, a Crime No. 0/93 under Section 307/34 of the Indian Penal Code was registered in police outpost. On the basis of Exh. P-1, Crime No. 255/1993 under Section 307/34 of the Indian Penal Code vide Exh. P-2, FIR was registered in Police Station, Kotwali, Ujjain. Abdul Hamid was medically examined by Dr. R. K. Dhawan, who is said to have expired. He gave injury report Exh. P-7. Statement of the injured was recorded under Section 161 of the Criminal Procedure Code vide Exh. P-25. During the course of treatment, Abdul Hamid died. His body was sent for post-mortem examination, which was conducted by Dr. Harish Rathore vide Exh. P-9, during investigation, clothes of the deceased and weapon of offence were seized by the police.

(3.) AFTER due in,. immtigation, the accused persons were charge-sheeted for the offence under Section 302/34 of the Indian Penal Code. They pleaded not guilty and stated that they have been falsely implicated. They did not examine any witness in iheir defence. The prosecution, in order to establish its case, examined as many as 15 witnesses. After completion of trial and hearing the parties, the Trial Court did not find the accused Kamruddin and Chandkhan guilty of any offence and acquitted them from the offence charged. However, the Trial Court finding the appellant Sharif Ahmed guilty of the offence under Section 302 of the Indian Penal Code, convicted and sentenced him as indicated herein above.