HARUN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeals against the judgment dated 30.9.2017 passed by V ASJ, Indore in S.T.No.33/2010 whereby the appellants have been convicted for the offence under Section 302/34 of the IPC, section 25(1-B)(B) of the Arms Act and sentenced to Life imprisonment with fine of Rs.5, 000/- and R.I. for 1 year with fine of Rs.1, 000/-respectively with default stipulation.

(2.) The prosecution case in short is that on 26.6.2009 at about 30 p.m. Khurram(deceased) came to Siyaganj for purchasing tiles. From there he called Salam, through mobile, who told him that I am coming. When Khurram was taking tea at tea stall located near Bank of Baroda, the appellants Harun, Sayed , Abid and Imran came there. The accused Harun said 'let's talk in alone'. When Khurram refused, the accused Shafi and Babu caught hold him and the appellants Harun and Sayed gave a blow of knife on his left thigh, right knee, left hand and left side of the back, due to which Khurram sustained injuries and blood was oozing. Gathering the crowd, the accused persons fled away. Khurram was brought to the Central Kotwali, Indore. Police sent him to M.Y. Hospital where he was admitted for treatment. Sub Inspector, Ramnathsingh reached M.Y Hospital and on the basis of information given by Khurram, he lodged Dehati Nalishi (Ex.P/30). He also recorded the statement of injured Khurram. On the basis of Dehati Nalishi, an FIR at crime No. 221/2009 for the offence punishable under section 326/34 was registered against the appellants and other co-accused persons. The investigating officer- Ramnath Singh went to the spot from where he seized blood stained soil, plain soil and motorcycle bearing No. MP09-JS-5011 belonging to Khurram. During the course of treatment, Khurram succumbed due to his injuries at about 11.35 p.m. on 27.6.2009 despite medical aid. After receiving the information about his death, police registered an inquest under section 174 of the IPC and added the offence under section 302 of IPC against the accused persons. Police prepared the Lash Panchnama of the deceased and his deadbody was sent for postmortem.

(3.) Investigating Officer, Ramsingh Singh reached on the place of occurrence and prepared a spot map(Ex.P/6). He recorded the statement of the witnesses and thereafter appellants were arrested. On interrogation they gave information about the various weapons. On the basis of memorandum of appellants, Police seized knife from appellants Harun and Sayed vide seizure memo Ex.P/16 for which they were having no license. The seized properties were sent to the Regional Forensic Science Laboratory, Indore for chemical analysis. After completion of investigation, the chargesheet was filed before the JMFC, Indore who committed the case to the Court of Sessions and ultimately it was transferred to V ASJ, Indore.