NAWAB & ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants (father and son) were sent up for trial having committed murder of Guddu @ Majid @ Balli (since deceased) on 26.08.1993. Learned IInd Additional Sessions Judge, Bhopal found them guilty of offence punishable under Section 302 of IPC and sentenced them to undergo R.I. for life. Hence, this appeal.

(2.) As per prosecution story, on the fateful day, deceased had gone to the house of appellants to settle their dispute regarding the plot but appellants made a small thing of Guddu with help of axe and wooden handle of garden scissor. Incident was seen by Sattar who reported matter to Mohd. Salim, elder brother of the deceased. When Mohd. Salim reached the spot he saw Guddu lying in a pool of blood. When he asked the appellants what had happened, they answered that they had finished Guddu and let us now take care of Mohd. Salim. Mohd. Salim ran away from the spot and went to lodge the FIR (ExhibitP/3) at Police Station-Shajhahanabad, District-Bhopal.

(3.) After the inquest was held, the dead body was sent for post-mortem and in the autopsy report Dr. Ashok Sharma found that the death was homicidal. Dr. Ashok Sharma found that death was due to shock and haemorrhage as a result of injury to the head. The injury was caused by hard and sharp and heavy object and some injuries by hard and blunt object. Death was homicidal in nature and the duration of death was within 24 hours from the post-mortem examination. The autopsy report is Exihibit-P/1. After completing the other formalities, charge-sheet was filed in the Court against appellants on the basis of the material collected during investigation and filed along with the charge-sheet. The trial Court took cognizance and defence of the appellants were that they were falsely implicated.