REHMAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the judgment dated 20/06/1995 passed by the Second Additional Sessions Judge, Bhopal in S.T.No.123/l994, whereby the appellant has been convicted under Section 302 of IPC and sentenced for life imprisonment.

(2.) The prosecution case in short is that on 23.09.1993 at about 4:00 PM the incident took place in which appellant Rehman s/o. Babukhan along with other co-accused person namely Rizwan @ Riyaz, Mohd. Rafiques, Gullu Khan, Sher Khan, Abdul Rehman s/o. Mohd. Hasan and Ramjani assaulted one Haseeb, who succumbed to the injuries before he could be taken to the hospital. It is said that an intimation of this incident was given by one Azhar (PW-3) to Mohd. Aziz (PW- 1), the father of the deceased, who immediately went to the spot, and saw that the accused persons were assaulting his son Haseeb and when he intervened, he was also attacked and received injuries. Thereafter an FIR (Ex. P-1) was lodged by Mohd. Aziz (PW- 1) at GRP Police Station, Bhopal on 23.9.1993 at 8:30 PM in the evening. After completing the investigation, the charge sheet was filed against the accused persons, and the learned Second Additional Sessions Judge, Bhopal after recording the evidence convicted the appellant under Section 302 of IPC. It is pertinent to mention here that other accused persons except Rafiq have been acquitted by the trial Court whereas Rafique has been convicted under Section 324 of IPC and sentenced to the period already undergone by him.

(3.) Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred by the appellant.