SHAKIR Vs. STATE OF M P

JUDGEMENT

(1.) SINCE all the three aforesaid appeals are arising out of one and the same judgment, therefore, they are being decided by this common judgment.

(2.) THE appellants named above have preferred the appeals against the judgment dated 16/5/2002, passed by the learned IIIrd Additional Sessions Judge, Ujjain in s. T. No. 157/2001 whereby convicting them for the offence punishable under sections 302, 394 and 460 of the I. P. C. and sentenced them to suffer imprisonment for life with fine of Rs. 2,000/-, in default of payment of fine, to undergo one year r. I. , 7 years R. I. and fine of Rs. 2,000/-, in default of payment of fine, to undergo additional one year R. I. and 7 years R. I. with fine of Rs. 1,000/-, in default of payment of fine, to undergo one year R. I. respectively. It has been further directed that in the event of non-deposit of fine, the sentence on each count shall run consecutively.

(3.) BRIEFLY stated the prosecution case as unfolded before the Trial Court is that complainant Pooja (P. W. ll) and deceased Seema were residing with their family members in double storeyed house, situated near diversion of Badnagar, tehsil Road, District Ujjain. In the intervening night of 30th and 31st March 2002, at about 12 O' Clock, while Pooja (P. W. ll) was studying in her room at ground floor, at that moment, she overheard the cry of her sister-in-law deceased seema, on this, she proceeded towards the room situated in first floor and saw two persoris taking out articles from "godrej Almirah" in the room. At that juncture, miscreants by some object dealt a blow on back side of her head because of which she fell unconscious and regained consciousness at about 3. 00 a. m. Pooja went into the room of deceased Seema and found her in unconscious condition. Seema was having injury on her head and blood was oozing from the injury. Pooja immediately rushed to the house of neighbour Radheshyam and disclosed about the incident to Radheshyam and his mother. They sent telephonic message to police, on which, police reached on the spot. Seema and Pooja were taken in a police van to hospital in injured condition, but Seema died on the way. The miscreants, who committed the incident were young persons having medium health and height wearing pant and shirt. Pooja lodged the report (Ex-P/18) wherein she has stated that if miscreants will be brought before her, she will identify them f. l. R. (Ex-P/18) was recorded by Rajesh Sharma (P. W. 15), the then S. H. O. of police Station Badnagar, District Ujjain. Dr. A. K. Jain (P. W. 2) medically examined pooja (P. W. 11) and issued her M. L. C. report (Ex-PA ). Dr. Jain also performed autopsy of dead-body of Seema with panel of two more Doctors. and gave postmortem report (Ex-P/2 ). Appellants were arrested and on their disclosure statements, as per provision under Section 27 of the Evidence Act, looted property was said to have been seized. Looted property was identified by eye-witness pooja (P. W. ll) in Test Identification Parade conducted by Naib Tehsildar R. K. Mishra (P. W. 9) through identification memo Ex-P/17. She had also identified the appellants in Test Identification Parade held by Naib Tehsiladar T. R. Verma (P. W. 7 ). The identification memo of appellants Pappu, Asraf, Jafar and shakir are Ex-P/6, P/7, P/8 and. P/9 respectively. On statement given by Shakir vide Ex-P/13-A, a golden chain and one bag bearing name of "girdhari Traders", badnagar were seized through seizure memo (Ex-P/14), from Asraf on memorandum statement (Ex-P/11), through seizure memo (Ex-P/15), two golden rings were seized and appellant Jafar got done the recovery of one golden chain, two golden bangles, one pair of silver anklet and three pair of 'bichhiya'. His memorandum statement and seizure of looted property are Ex-P/21 and P/20. Appellant Pappu gave memorandum statement (Ex-P/12) and in pursuance thereof, two golden bangles and one pair of ear-rings were seized vide seizure memo (Ex-P/16-A ). On completion of investigation, appellants were charge-sheeted for commission of offence under Sections 460, 302, 394 read with 397 of the I. P. C.