NAZMI ALIAS SAGEER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has preferred this appeal challenging his conviction and order of sentence passed by IVth Additional sessions Judge, Chhatarpur in S. T. No. 45/99 decided on 13. 06. 2000.

(2.) APPELLANT has been convicted under Section 302 of ipc for committing murder of Uttam Singh S/o Rajaram Singh and sentenced to imprisonment for life with fine of rs. 1,000/-, in default rigorous imprisonment for two years, by the impugned judgment.

(3.) ACCORDING to prosecution, on 18. 11. 98 about 5:00 P. M. , when complainant Ramkaran Singh was coming to choubey Colony via Narsingh Temple Road, alongwith one indra Bahadur Singh, he saw that his brother Uttam Singh (hereinafter referred to as 'deceased') was also going towards choubey colony on his bicycle. At this juncture, appellant nazmi, co-accused Idreesh and Raju Awasti came on a scooter and intercepted the deceased on the road in front of the house of Bank Manager; appellant Nazmi then pointed a twelve-bore katta on the chest of deceased, saying that he wanted vacation of the quarter by Suman Jain and now his quarter would be vacated. Thereafter, appellant fired a twelve bore katta on the deceased, as a result of which he fell down on the spot. Appellant Nazmi then turned and searched for complainant Ramkaran and Indra Bahadur Singh in order to assault them. They fled away from the spot out of fear. After sometime when complainant Ramkaran came back on the place of occurrence, he found that the cycle and other articles belonging to his brother Uttam Singh were lying there and his brother had been taken to the hospital. Complainant ramkaran then went to the hospital and found that his brother Uttam Singh was lying dead on the stretcher in front of the operation theatre.