IMRAN KHAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The challenge in the present appeal is to a judgment dated 4.10.2005 passed by Special Additional Sessions Judge, Bhopal convicting Appellant No.1 Imran Khan for an offence punishable under Sections 302 and 307 of I.P.C. and Appellant No.2 Pavan for an offence punishable under Section 302 read with Section 34 of I.P.C. Vide separate order Appellant No.1 Imran was sentenced to undergo life imprisonment with fine of Rs.10,000/- and in the event of default of payment of fine, he was further ordered to undergo two years rigorous imprisonment for the offence punishable under Section 302 of I.P.C. For an offence punishable under Section 307 of I.P.C. Appellant No.1 Imran Khan was ordered to undergo seven years rigorous imprisonment and to pay a fine of Rs.5,000/- and in default of payment of fine amount he was further sentenced to undergo rigorous imprisonment for one year. The substantive sentences were ordered to run concurrently. On the other hand, Appellant No.2 Pavan Gaynewar was convicted and sentenced to undergo life imprisonment for an offence punishable under Section 302 read with Section 34 of IPC with fine of Rs.10,000/- and in default of payment of fine to undergo rigorous imprisonment for 2 years.

(2.) The prosecution case was set in motion on the statement of Mohan Singh Thakur - PW-6 made to R. S. Raj - PW-14, A.S.I., Police Station - M. P. Nagar, Bhopal at about 10:30 p.m. on 30.7.2004 in respect of an incident which happened on the same day at about 8:30 p.m. The statement is that he is a student of class 12th and at about 8:30 p.m. on 30.7.2004, when he and his friend Rahul were standing in front of Quarter No.122/13, accused Imran Khan and Pavan came. Imran abused Rahul by asking as to why he has come to his house with boys. Rahul, in turn, questioned accused-Imran that as to why did he hit son of his relation namely, Amit Birthare, a day before. Rahul told him that he had gone to counsel his father. There was altercation between two of them. Rahul told Imran that to advise was his duty. Imran abused Rahul and took out a Gupti (dagger) and started hitting Rahul. Accused Pavan caught hold of Rahul from behind. When he tried to intervene, Pavan caught hold of him, but, Imran continued to hit Rahul with dagger. Rahul fell down, at that time Abdul Ajeem @ Lalu came to protect Rahul from Imran, but Imran hit on his left arm with dagger. Pavan kicked Rahul, when he was lying on ground. In the meantime, villagers came from the locality and Rahul was taken to 1250 hospital by PW-6 Mohan Singh Thakur and his friend Vishal in an auto.

(3.) On the basis of such report, PW-14 Ramswaroop Raj, A.S.I. took over the investigation. He is one who lodged the FIR Ex.P-10 soon after the occurrence at about 11:15 p.m. He collected the blood stained earth and sample earth vide memo Ex.P-2 in the presence of witnesses Ratnesh PW-2 and Mukul Lokhande. On 31.7.2004, he recorded the statement of Sillu @ Shailendra, Abdul Ajeem @ Lalu PW-10, Vishal Bhausar PW-8. On 12.8.2004 he recorded the statement of Abdul Fahim and Panduram Nate. He took in possession the dead body from the mortuary of Hamidiya Hospital on 31.7.2004 and sent it for postmortem examination vide memo Ex.P-5. The accused Pavan was arrested on 31.7.2004 vide memo Ex.P-15 and on the basis of his disclosure statement Ex.P-17 clothes worn by appellant Pavan were recovered vide memo Ex.P-18. On the same day i.e. on 31.7.2004 he prepared the site plan on the basis of statement of Mohan Singh Thakur PW-6 and Amit @ Sonu and Vishal Bhausar vide memo Ex.P-1. Accused Imran was arrested on 31.7.2004. On the basis of his disclosure statement, he recovered the bloodstained clothes worn by him such as - a T-shirt of blue sky colour, one lower (Pajama) of blue colour with white yellow strip on the side vide memo Ex.P-19. On the basis of separate disclosure statement Ex.P-20, a dagger, the weapon of offence, kept concealed in the bushes in Padnam Nagar was seized. Such disclosure statement was recorded in the presence of Sharad Sharma and Abhishek. dagger was taken in possession from the disclosed place vide memo Ex.P-21 which was sealed. Dr Mahesh Dixit PW-4 initially examined Rahul in Jai Prakash Hospital and was declared brought dead. PW-3 Dr. V. K. Athwal has conducted the postmortem examination. Postmortem report of the deceased Rahul is memo Ex.P-8. He found nine injuries on the dead body of Rahul, which read as under:-