NASIR Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants/accused persons stood convicted under Sections 302 and 201 of the Indian Penal Code and each is sentenced to suffer imprisonment for life and fine of Rs. 25,000/-, in default of payment of fine to suffer additional R. I. for three years and R. I. for 5 years and fine of Rs. 5,000/-, in default of payment of fine to suffer additional R. I. for one year respectively vide judgment dated 27. 01. 03 passed by the learned 1st Addl. Sessions Judge, Mhow district, Indore in Sessions Trial No. 87/2002. Aggrieved by this judgment of conviction and order of sentence, the appellants have preferred this appeal.

(2.) ACCORDING to the prosecution case on 02. 09. 01 in Dongargaon Police Outpost. Karim Khalifa lodged a missing report of his nephew Mustakin, aged 8 years who had left the house for viewing Foot Ball match and did not return back. On the basis of this report, in Police Station, Mhow, missing report was also recorded. On 04 01 09 in the morning at 7. 30 AM the dead body of Mustakin was found in military Water Tank. Merg intimation report Ex P/1 to this effect was recorded at the instance of witness Karim (PW-1 ). After preparation of inquest report ex. P/14, Police sent the dead body for postmortem examination which was performed by PW-6 Dr Jain. The postmortem report is Ex. P/10. During the course of investigation, police recorded the statements of prosecution witnesses pw-1 Karim. PW-2 Annu and PW-3 Kanha. On the basis of the statements of. these witnesses, police came to the conclusion that the deceased was lastly seen in the company of the appellants going on a scooter and after two days his dead body was found. Viscera was preserved, but no report of Forensic Science laboratory was filed by the prosecution. Prosecution has filed the FSL report ex. P/17regarding presence of faecal matter in pant of deceased. The appellants were charge-sheeted for commission of offence punishable under sections 302 and 201 of the Indian Penal Code.

(3.) THE appellants have denied the charges and the defence of appellant No 1 nasir was that Karim was having dispute with him as well as with his maternal grand-father in regard to money of Mosque Committee because of which he has been falsely implicated and a case was pending on the basis of the report lodged by the father of Nasir. The defence of appellant No. 2 Amin Kaliya was that he was falsely implicated because of friendship with Nasir. They have examined DW-1 Mohammad Hasan. Learned trial Court, after examining the prosecution and defence witnesses and hearing both the parties, convicted and sentenced the appellants as described herein-above.