STATE OF MADHYA PRADESH Vs. AAMIN & OTHERS

JUDGEMENT

(1.) This common judgment shall govern disposal of (i) Criminal Reference No.03/2016 made by 2nd Additional Sessions Judge, Shajapur against the death sentence passed by him in judgment dated 10.06.2016, in Session Trial No.114/2013, wherein the learned Sessions Judge found the accused persons Aamin Kha S/o Kadar Kha, Mithun S/o Babulal, Sheikh Dawood S/o Kadar Kha and Sheikh Amjad S/o Kadar Kha guilty under Sections 302/34, 201 of IPC and sentenced them to death and rigorous imprisonment of 7 years respectively and fine of Rs.25,000/- and rigorous imprisonment for 1 year by way of default stipulation, thereafter, the reference is made under Section 366 of Cr.P.C. for confirmation of death sentence; and (ii) Criminal Appeal No.823/2016 preferred to this Court by all the accused persons aggrieved by the aforesaid impugned judgment of conviction and sentence.

(2.) The prosecution story in brief is that Yunus Kha, brother of the deceased Yakub Kha lodged a report of missing person on 25.12.2012, in which, it was stated that his brother, deceased Yakub Kha went to Dhanana from Akodiya. He had to recover amount of loan from the accused Aamin Kha S/o Kadar Kha. He talked on phone from village Dhanana, and thereafter, he went to some other place from Dhanana and, thereafter, he was not traceable. His brother went to village Dhanana on a motorcycle bearing registration No.MP-04-NA-7558 and was carrying a mobile phone.

(3.) On 11.01.2013, a phone call was received by Station In-charge Salsalai, District Shajapur at 10:20 a.m. from some unknown person. On telephone, the Station Incharge was informed by the caller that the accused Aamin Kha resident of Dhanana alongwith his two brothers Sheikh Dawood Kha and Sheikh Amjad Kha and also with Mithun, their friend, committed murder of the deceased. They dismembered his body into pieces and put the body pieces into a dry tubewell situated on the land of accused Aamin. This information was recorded by the Station Incharge in Station Daily Diary on 11.01.2013 at Sr. No.197 at 10.20 a.m. He informed his senior officers and this fact was also recorded by him at Sr. No.198. He sent a letter for obtaining permission to Sub Divisional Magistrate to dig open the tubewell, and thereafter, he proceeded to village Dhanana in a official vehicle bearing registration No.MP-03-AC-529.