RAFEEK Vs. STATE OF M.P.

JUDGEMENT

(1.) In the incident which took place on 22.10.1996, Abdul Hamid lost his life. Prosecution came to be initiated against Chhote Khan, Aslam Khan and Refeek, allegedly for being responsible for the death of Abdul Hamid. The Additional Sessions Judge, Raisen, convicted all the three accused, by an order dated 11.07.1998. The above conviction was recorded under Section 302 read with 34 of the Indian Penal Code.

(2.) All the three accused approached the High Court of Madhya Pradesh at Jabalpur (hereinafter referred to as the 'High Court'). Whilst Chhote Khan and Aslam Khan preferred Criminal Appeal No. 1661/1998, Rafeek independently preferred Criminal Appeal No. 1594 of 1998. The High Court vide its impugned common judgment dated 25.03.2008, upheld the conviction of all the three accused. Dissatisfied with the order passed by the High Court, Rafeek alone has approached this Court by filing Special Leave Petition (Criminal) No. 6760 of 2010.

(3.) Leave granted.