KARAMAT Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of the Code of Criminal Procedure has been preferred against the judgment and order dated 06.04.2005 whereby, the learned 19th Additional Sessions Judge, (FTC), Indore (for short - "The ASJ") vide judgment rendered in S.T. No. 171/2004 has convicted appellant - Karamat Khan for the offence under Section 302 of IPC for committing murder of Muqaddar Khan son of Taj Khan (PW-12) and also under Section 397 for committing robbery. He has been sentenced respectively to Life Imprisonment with fine and seven years RI with fine for the aforesaid offences. The co-acused persons Rasheed and Rafeeq were acquitted vide the same judgment.

(2.) Prosecution story, briefly stated is that; as Mehnaz Bi - mother of Taj Khan (PW-12) and Dilawar Khan (PW-3), residents of Village - Piplai, Police Station - Sanver, District - Indore had expired therefore, on 04.12.2003 their family members and relatives had assembled in Village - Piplai. Appellant Karamat Khan also went there. After the cremation, around 01:30 p.m., Karamat Khan alongwith Muqaddar Khan (deceased) left for Indore to fetch some money from the contractor with whom, they were working. Allegedly, same day about 09:00 to 09:30 p.m. Karamat Khan came back to Village - Piplai and told Dilawar Khan (PW-3) and other persons namely - Gani Mohammad (PW-6), Mohd. Hafiz (PW-21) and Bachchu Khan (PW-22) present there that while he and Muqaddar Khan were coming back on a hired bicycle after taking Rs.2000/-from the contractor, near the Culvert situated in forest of Khamod Anjana, two persons armed with "Laathi" had assaulted them in which he sustained "Laathi" blow on his hand. The appellant further told that the miscreants had snatched from him his purse and Rs.70/- lying in his pocket and that after assaulting Muquaddar on his head by "Laathi" had dragged him away towards the culvert and also robbed him. The appellant further stated that he, somehow, could manage to run away from the spot in order to save himself.

(3.) Dilawar Khan (PW-3) asked appellant Karamat Khan to accompany them to the place of incident however, he pretended that he is tired and went away to his home. Thereafter, Dilawar Khan (PW-3) alongwith Hafiz Mohammad (PW-21) and Bachchu Khan (PW-22) proceeded on a motorcycle to trace out Muqaddar Khan. Near the culvert they found the dead body of Muqaddar lying by the side of road. They also found a bicycle lying there. The dead body was brought on the road. They noticed that the head of the deceased was in a crushed state. Same day at around 10:25 p.m. First Information Report (Ex.P/8) was lodged by Gani Mohammad (PW-6) in this regard with Police Station, Sanver. A Marg was registered. Inquest proceedings as per Ex.P/2 were conducted by P.L. Dande (PW-24), the S.H.O., P.S. Sanver in which it was revealed that Muqaddar Khan has died because of the head injuries. The dead body was sent for Postmortem examination. Next day i.e. on 05.12.2003, Dr. Atul Jain (PW-15) conducted autopsy on the dead body of the deceased Muqaddar Khan and vide postmortem report (Ex. P/16) found two injuries on his body (i) a lacerated wound of 10"x2" cm on right side of the head and (ii) lacerated wound of 15" x 3" cm on the left frontal region of the head. In the opinion of Dr. Atul Jain (PW-15), Muqaddar Khan died of head injuries caused to him by hard and blunt object and that the death occurred within 24 hours.