FIROZ KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellant against the impugned judgment dated 25.08.2009 passed in S.T. No.134/2009 by XIII Additional Sessions Judge, Bhopal (M.P.), whereby the appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to R.I. for Life and fine of Rs.5,000/-, in default R.I. for 6 months.

(2.) As per the prosecution case, on 14.12.2008 police station Kotwali, Bhopal received an information from City Control Room through Wireless that some quarrel is going on between the boys near Sazid Miya's house. On the basis of this information, the Station House Officer Rajendra Tiwari along with A.S.I. Uttam Singh, P.S.I. R.P. Mishra proceeded to the spot. Dehati Nalish Ex.P-7 was written on the report of Shakur Miya to the effect that Shakur Khan who works as a Chowkidar in the house of Sajid Ali - Unani Shafakhana. at 7:30 p.m. went to attend Namaj at Kabir Masjid, he saw Firoz milkman and one another boy whom he doesn't know were talking in front of the gate of Sajid Ali. When he returned after Namaj, said Firoz and that boy were quarreling.

(3.) On the basis of report of Shakur Miya, Dehati Nalisi (Ex.P-7) and marg intimation Ex.P-8 was written. On that basis F.I.R. Ex.P-19 was registered against the accused Firoz Khan under Section 302 of I.P.C.; Panchnama of dead body Ex.P-1 was prepared; Panchyatnama of dead body Ex.P-3 was also prepared and the dead body was sent for postmortem. Dr. D.S. Jain (PW-13) who conducted the postmortem opined that the cause of death was due to shock and hemorrhage as a result of multiple stab injuries to left side of chest by hard, sharp penetrating object. Injuries were sufficient to cause death in ordinary course of nature.