SABU ALIAS SHAHBUDDIN Vs. STATE OF M P

JUDGEMENT

(1.) THE above two convicted accused have preferred separate appeals against the judgment dated 31-3-1999 of the learned Ist Add1. Sessions Judge, Indore, in session Trial No. 402/1995, by which the learned Addl. Sessions Judge has convicted each of the appellants for offence punishable u/s. 302 of the Indian penal Code read with Section 34 thereof and sentenced them to undergo imprisonment for life and to pay fine of Rs. 1,000/ -. In default of payment of fine, the judgment directs the accused in default to suffer rigorous imprisonment for three months.

(2.) THE appellants were prosecuted for offence u/s. 302, in the alternative, u/s. 302/34 of IPC for having committed the murder of Anna @ Hari bhau, on 28-10-1992, at about 07. 25 p. m. in Lal Gali, Pardeshipura, Indore, by means of hard and sharp weapons in furtherance of their common intention along with the absconding accused - Vijay and his father. According to the prosecution, information was received at the Police Station which was recorded in the General Diary at S1. No. 3610, with regard to an injured person having been brought for treatment to M. Y. Hospital, Indore. For verification of the said information, the Police proceeded to M. Y. Hospital, where a Dehati Nalish was lodged by Raju (PW 2), brother of the deceased, to the effect that while he was returning from Lal Gali after purchasing vegetables, he witnessed an altercation between his friend Mohan and accused Vijay. He tried to intercede, but accused rushed at him with the result he came back to his house where he related the incident to his brother, the deceased, to Bahadur and uncle @ Anand. His brother then proceeded towards the place to pacify Vijay, but Vijay, his father accused Nasir and another person assaulted him by means of Knife and Sword at various places in his body and caused penetrated wounds. Persons present on the spot raised alarm and he rushed to the place to find that his brother Anna was lying near the shop of Rampal. He picked him up and inquired from him as to what had transpired. Deceased then informed him that Vijay by means of a knife, Nasir with a 'satur' (Butcher's Knife), Vijay's father with a Sword and their another accomplice with a Sword had mercilessly attacked him and caused several injuries. He was taken in a Rickshaw to M. Y. Hospital. Ajay Kaith was (PW 17), after recording Dehati Nalish (Ex. P/2), recorded FIR. (Ex. P/17) and registered a case u/s. 307/34 of IPC and recorded statement u/s. 161 of Cr. P. C. of Rajesh s/o Chauthmal. In further steps of investigation he seized blood stained clothes of the deceased. Accused Sabu was arrested and so also accused nasir. On the disclosure made by the accused persons and duly recorded under the provisions of Sec. 27 of the Evidence Act, discovery of the Knife was made at the instance of Nasir and Sword was recovered from Shahbuddin, of which memoranda (Exs. P/6 and P/7) were prepared. Seizure were effected vide Exs. P/10 and P/11 of the blood stained weapons. Inquest was held and Inquest report (Ex. P/12) was prepared. The dead body was forwarded to M. Y. Hospital for post-mortem under Requisition (Ex. P/12 ). Samples of blood stained and control earth were seized from the spot, vide Ex. P/14. Spot Map was prepared vide Ex. P/16 and after completion of the investigation, the two accused were prosecuted. Accused Vijay and his father could not be prosecuted as they absconded and could not be apprehended. The matter was proceeded against them under the provisions of Sec. 299 of the Cr. P. C.

(3.) ON the appellants being charged for the above offences, they pleaded not guilty and stated that they were innocent. However, on trial, the learned Addl. Sessions Judge found them guilty and convicted and sentenced them as hereinabove stated. It is against the said conviction and sentence that the appellants have filed these separate appeals which are now being disposed of by this common judgment.