FAYYUM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 04.05.1998 of the learned 1st Additional Sessions Judge, Ujjain in Session Trial No. 148/1995 by which while acquitting co-accused Ayub Khan, Sadik, Rashid and Mannan Khan, the appellants have been convicted for an offence punishable under Section 302 of the Indian Penal Code read with Section 34 thereof and each has been I sentenced to imprisonment for life.

(2.) Before the trial Court it was alleged that the appellants had formed an unlawful assembly and in furtherance of their common object they had caused death of Hayat Khan on 13.07.1994. The prosecution case, in brief, is that on 13.07.1994 at about 01.00 p.m. Hasmat Khan (PW-I) was sitting on the OTLA of Ratanlal opposite his house and his son Hayat was coming from the market. He informed his father that Sadik has brought him from the house of Jalil. At that point of time, accused Chhote Khan, Mansoor, Fayyum Khan, Rashid, Sadik and others arrived with various weapons including a country made pistol with few. Immediately thereafter accused Fayyum fired a shot at Hayat which caused injury in his abdomen. He thereafter exhorted others not to leave him alive and that he will take care of the consequences. Rashid and Sadik thereupon, caught hold of Hayat Khan and Fayyum, Mansoor and Chhotu assaulted him with knives causing injuries in his hand, chest and nose. Hayat fell down unconscious and accused persons fled away. At that time, Hasmat's son Jakir (PW-2), Habib Shah (PW-4) and Pyara @ Shakil (PW-11) were present. On hearing the commotion, Hasmat as also Dinesh (PW-9), Ashok, Azad and Anil arrived and took Hayat on a handcart. On way, however, Hayat succumbed to the injuries caused to him and was taken to the hospital. PW-1 Hasmat Khan then proceeded to the Police Station where he lodged report Ex.P/1. On receiving the said report, PW-14 SHO K..N. Sharma proceeded towards the hospital and summoned the witnesses to hold inquest. He prepared inquest report Ex.P/3 and under requisition Ex.P/5 requested doctor for autopsy of the deceased.

(3.) Autopsy was performed by PW-10 Dr. Shashikant Joshi who gave his report Ex.P/5 A. In the said report, he noticed the following external injuries on the body: -