MUSTAKEEM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 374 (2) of Cr. P. C. is directed against the judgment dated 14-3-95, passed by VIIth Addl. Sessions Judge, Indore, in S. T. No. 243/94, convicting accused appellants Mustakeem, Nisar @ Nasir and Salim, under Sections 302 and 323 r/w. Section 34 I. P. C. and sentencing them each to imprisonment for life for the former offence and 6 months R. I. for the latter.

(2.) ALL the three appellants are brothers, sons of Khalil Khan. The incident is said to have taken place on the night of 16-5-92, around 10. 30 p. m. at 9, Laxmipuri, Indore. Deceased Ibrahim Sheikh and his son Mohammad Altmas were sitting on the door of their house when the three accused persons armed with Farsi and Lathis came there and assaulted the deceased. Mohammad Altmas when tried to save his father was also assaulted by the accused persons. Deceased Ibrahim Sheikh sustained a number of severe injuries and later on died in the hospital. A report of the incident (Ex. P-2) was lodged by Mohammad Altmas the same night at 11. 15 p. m. at P. S. Malharganj, Indore. The police registered a crime and after due investigation charge-sheeted the appellants for trial.

(3.) AT the trial the appellants abjured their guilt and denied all the circumstances appearing against them in the prosecution evidence. The Court below after trial held the appellants guilty, convicted and sentenced them as aforesaid, thus giving rise to this appeal.