MOHAMMAD ARIF Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Criminal Appeal No. 1884/2008 and Criminal Appeal No. 2100/2008 have arisen from the same judgment dated 30.08.2008 passed by the Court of Shri B.S. Ohariya, IV Additional Sessions Judge, Jabalpur in Sessions Trial No. 412/2007 (State v. Mohammad Arif and two others), whereby learned Additional Sessions Judge had convicted all three accused persons namely Mohammad Arif, Mangan @ Sakhawat Khan and Mohammad Shamim @ Shanu under Section 302 of the Indian Penal Code and had sentenced them to life imprisonment and fine in the sum of Rs. 500/-. In default of payment of fine, each of them was directed to undergo rigorous imprisonment for a further period of one month. Since both of these appeals have arisen from the same judgment, they are being disposed of by this common judgment.

(2.) Briefly stated, the prosecution case is that deceased Gulam Nabi was younger brother of first informant Mohammad Azad (PW-4). Mohammad Aslam (PW-5) is brother-in-law (Jija) of Mohamamd Azad. At about 9:00 p.m. on 12.06.2007, deceased Gulam Nabi had gone to the house of Shamsuddin, Sweet Shop owner, to dine. At around 9:00 p.m., accused Mangan @ Sakhawat Khan put his arm around the shoulder of the deceased and took him outside, where they were met by accused persons Mohammad Arif and Mohammad Shamim @ Shanu. Thereafter, an altercation ensued. As a result, all three accused persons delivered blows with knives to deceased Gulam Nabi. Consequently, he fell down. The incident was witnessed by Shahzad Khan (PW-2) Mohammad Islamuddin (PW-6) and Mohammad Alim (PW-9). At that time, first informant Mohammad Azad and Mohammad Aslam were sitting at Mohammad Azad's home. When they learnt about the incident, they rushed to the spot and found deceased Gulam Nabi in an injured condition. They immediately picked him up, placed him in a rickshaw and took him to Victoria Hospital, Jabalpur. On the way, deceased Gulam Nabi told them that accused Mangan had taken him out of Shamsuddin's house, where remaining two accused persons Mohammad Arif and Mohammad Shamim met them. An altercation ensued and the three accused persons assaulted him with knives. By the time they reached Victoria Hospital, deceased Gulam Nabi had already expired. The first information report was immediately lodged in P.S. Hanumantal, Jabalpur, at 9:45 p.m. During post-mortem examination, it was discovered that the deceased had sustained four incised wounds caused by hard and sharp object. Two of the injuries were caused to the chest. Injury No. 2 situated below left nipple, had pierced the pericardium and left ventricle of his heart. He had died as a result of cardio-respiratory arrest due to shock caused by injury to a vital organ like heart. During investigation, on the disclosure statement made by accused Mohammad Arif under Section 27 of the Evidence Act, the knife used in commission of the offence, was recovered.

(3.) The charge-sheet in the matter was filed and the trial Court framed a charge under Section 302 of the IPC against each of the aforesaid three accused persons. After the trial, they were convicted and sentenced as hereinabove stated.