IQBAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the impugned judgment passed by the learned Additional Sessions Judge No. 2, Jodhpur, dated 4.9.2000 in Sessions Case No. 18/99, the appellant has been convicted for the offence under Sec. 302 I.P.C. and sentenced to imprisonment for life alongwith a fine of Rs. 1000.00, in default of payment of fine, four months' simple imprisonment.

(2.) Brief facts of the case are that on 9.6.99, at about 11.15 p.m., one Govind Lal, Foot Constable No. 748 produced a written report at Police Station Udaimandir, which was furnished to him by Mohd. Anees at M.G. Hospital Jodhpur, alleging inter alia that at about 9-9.15 p.m. when the informant had gone to call his brother Mohd. Mazid (deceased) towards the shopping centre, he found the appellant Igbal resident to Khan Chauk having scuffle with Mohd. Mazid, while Aziz and Sharafraj were attempting to disentangle them, at that time he wielded a knife blow on Mohd. Mazid, as a result of which, the victim fell down. Thereupon, the victim was sent to Mahatma Gandhi Hospital on the motorcycle of Aziz, and the informant followed. In the hospital, the victim succumbed to the injuries. On this report, F.I.R. No. 253/99 was registered, the post mortem examination of the deceased was got conducted, evidence of the witnesses were recorded, and after completing other necessary investigation, a charge-sheet was submitted in the Court of Additional Munsif and Judicial Magistrate No. 4, Jodhpur, for the offence under Sec. 302 I.P.C. The learned Magistrate committed the case to the Sessions Court, wherefrom it was transferred to the learned trial Court.

(3.) The learned trial Court framed the charge under Sec. 302 I.P.C. The accused denied the charge, and claimed to be tried. During trial, the prosecution examined 20 witnesses. In the statements under Sec. 313 Cr.PC., the accused simply adopted the stand of denial and examined DW/1, Sharafraj @ Babu. The learned trial Court after completing the trial, relying upon the post mortem report, found that the deceased had died homicidal death, relying upon the evidence of the eye-witness PW/7, Mohd. Anees (the informant), recovery of blood stained. knife, and the Forensic Science Laboratory report Ex.P/29, convicted the appellant as above.