BABLOO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appeal has been preferred by the appellant Babloo aggrieved by his conviction under section 302 of IPC and sentence of rigorous imprisonment for life imposed by First Additional Sessions Judge Chhatarpur in S.T. No. 123/94 as per judgment dated 12.3.1998.

(2.) Prosecution case in short is that on 2.5.94 an altercation took place in the noon between Riyaz Baksh @ Munna Khan and accused Babloo, the report of the same (P-13) was lodged by Maiyadeen (PW-12), thereafter the deceased Munna Khan was going on a scooter driven by Bobby Ahuja, Munna was sitting in the middle and Shekhar Nai was also on the scooter. Mohd. Muin (PW-1) had also followed them, he was relative of the deceased, when they reached near house of Lakhan Nai, they met with Babloo. Babloo and Munna scuffled, Mohd. Muin and Shekhar intervened, in the course of scuffling Babloo took out a big needle and inflicted two blows on the chest of Munna Khan and ran away. Munna Khan was taken to the hospital by Bobby, Shekhar Nai and Muin where he was declared dead. Munna Khan died as a result of the injuries inflicted by the accused. Dehati-nalishi was drawn, that was taken from hospital by Laxmi Prasad (PW.5) to the police station, on that crime was registered and the FIR was reduced in writing. Seizure of big needle was made at the instance of Munna, seizure memo (P-3) was drawn in the presence of Mohd. Muin (PW-7), accused was charged for committing the offence under section 302 of IPC.

(3.) The accused abjured the guilt and contended that he was innocent and had been falsely implicated in the case.