SADIK MOHD SABIR Vs. STATE OF M P

JUDGEMENT

(1.) These three appeals have been directed by the appellant against the common judgment dated 28th August, 2006, passed by learned Special Judge (S.C. and S.T.) (Prevention of Atrocities) Act, 1989, Indore in Special Case No. 52/03, whereby, convicted the appellants under S. 302 of the I.P.C., sentenced to R.I. for life and fine of Rs. 2,000/- to each, in default of payment of fine, additional R.I. for six months, and also under S. 201 of the I.P.C. sentenced each to undergo R.I. for one year and fine of Rs. 500/- each, in default of payment of fine further R.I. for two months.

(2.) The necessary facts for deciding these appeals are as follows :- On 13-5-2003 Sub Inspector. B. R. Ohouhan P.W. 15 posted at Police Station. Hiranagar proceeded for inquiry of Merg No. 13/03 from the police station. The merg was recorded by the Head Constable P.W. 14 Rammurti at the instance of Head Constable Daulatrarn. Sub-Inspector Chouhan found a dead body lying near broadgage of railway line, situated adjacent to the field of one Mahesh Khatri. The body was appearing to be of a young person aged 20-22 years. On his right hand, by tattooing, name Vijay was mentioned. On the left side of head, he found four injuries, caused by sharp edged weapon. Same were bleeding and ligature rope mark on the neck was also visible. At the distance of about three paces, in the mud, sign of grappling or scuffle/quarrel were present. On the spot, he recorded Dehalti Nalishi at 0/03 number dated 13- 5-2003 and in inquest inquiry dead body was identified as the body of Vijay Singh, son of Shobharam and in the intervening night of 12th and 13th May, 2003 deceased- Vijay was called by Sonu at about 10.30 p.m., thereafter, he did not return back to his house and his dead body was found in the field. It is further said that appellant- Sonu had molested the modesty of Babita, sister of Vijay, because of which, they were not having talking terms. Before ten days prior to the incident, appellaiit-Sonu compromised the issue with deceased-Vijay and they became friends. They were oftenly living in the company of each other. It is further alleged that sister of appellant-Jitu alias Jitendra named Rina was having illicit relation with Vijay, because of which. Rina was visiting the house of Vijay and wanted to marry Vijay against his consent, because of which, Jitu was having animosity with deceased-Vijay. Appellant-Jiiu and one Shekhar threatened deceased-Vijay to leave the company of Rina. Sister of appellant- Sadik was molested by their tenant to whom Sadik and Vijay gave beating and in the said case they went to jail. Sadik arranged surety for releasing of deceased-Vijay and demanded Rs. 5,000/- from Vijay for that purpose. On this ground, before 6 to 7 days, there was a quarrel between appellant- Sadik and deceased-Vijay.

(3.) In the merg inquiry, police found the prima facie case of commission of murder of Vijay by appellants, therefore. Crime No. 117/03 was registered. The inquest report is Exhibit-P/3 and the post-inortem report is Exhibit-P/14, conducted by P.W. 10 Dr. Ravindra Choudhary. On the basis of the inquest inquiry and Dehati Nalishi, FIR was registered vide Exhibit-P/l I. The viscera of the deceased was preserved vide seizure memo Exhibit P/16 and spot map is Exhibit P/21. Some articles were seized from the spot, seizure memo is Exhibit P/22. On disclosure statement made by Sadik and Sonu, knife was seized and from Jitu alias Jitendra one iron rod was seized. Seized articles were sent to the Forensic Science Laboratory, Indore. Its report is Exhibit-P/C1. The appellants were charge-sheeted for commission of offence under Ss. 302 and 201 of the I.P.C. as well as under S. 3(2)(5) of SC/ST (Prevention of Atrocities) Act, 1989.