ASLAM Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants No. 2 Rajjak and No. 3 Sheju have challeng their conviction, by filing this appeal, under Section 302 of the IPC and appellants no. 1 and 4 have challenged their conviction, by filing this appeal under Section 302 read with Section 34 of the IPC and sentence of R. I for life and fine of rs. 500/- each, in default of payment of fine additional R. I. for 2 months each and all appellants have been convicted under Section 506 of the IPC 3 months R. 1. each and appellant No. 4 Munna has been convicted under Section 323 of the IPC 3 months R. 1. by judgment passed by learned Sessions Judge, Mandsaur, District mandsaur in Sessions Trial No. 226/1998 dated 8th October, 1999.

(2.) ACCORDING to the prosecution case, deceased Shama was resident of Village tigriya, District Mandsaur and was having joint family house in Nayapura, mandsaur town. In the said house, electric connection was in the name of brother salamuddin. Deceased Shama had given electric connection to appellant Abdul rajjak but Abdul Rajjak was not paying electric bill because of which deceased disconnected electric connection. On 06. 09. 1998, in the morning at 8. 00 a. m. , deceased Shama was sitting in front of his house situated in village Tigriya, at that moment appellants reached over there having sword, dhariya and lathis. They all started abusing Shama and also assaulted him by their respective weapons. Deceased was rescued by PW-4 Nahar Khan and PW-10 Akbar Khan. PW-2 raisa Bi, wife of deceased Shama also sustained injury while saving her husband. Nahar Khan and Akbar Khan took deceased Shama to Police Station where he lodged report Ex. P/24. Shama was sent to Govt, hospital, Mandsaur where he remained hospitalized for 10 days and died on 16. 09. 1994. Head Constable PW-12 rambaran Singh commenced investigation and seized blood stained clothes of deceased. He prepared spot map and also arrested the appellants. On disclosure statement made by appellants, dhariya, knife, sword and lathi were seized. Patwari Jaysingh Tomar also prepared spot map Ex. P/17. Assistant Sub Inspector r. CSharma, PW-13 obtained certificate about electric connection Ex. P/20 from PW-11 Sadanand, employee of MP. Electricity Board. He also seized bed head ticket of deceased Shama. First MLC was performed by PW-9 Dr. S. K. Jain vide Ex. P/18. Dr. Jain also recorded dying declaration Ex. P/19. Postmortem on the body of deceased was performed by PW-5 Dr. Verma, the report is Ex. P/4. Eye witness PW-2 Raisa Bi was medically examined by PW-14 Dr. S. K. Mehta, her medical report is Ex. P/28. On completion of Investigation, ail the 4 appellants were charge sheeted for commission of offence under Sections 294,506,302,302/34 and 323 of the IPC.

(3.) APPELLANTS denied the charges, therefore, put to trial. Appellants have not examined any witness in defence whereas prosecution has examined in all 14 witnesses and adduced 28 documents in evidence. Learned trial court, finding the appellants guilty, convicted and sentence them as indicated here-in-above.