BABU ALIAS BULBUL PEERAKHAN OF INDORE Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
BABU ALIAS BULBUL PEERAKHAN OF INDORE
STATE OF MADHYA PRADESH
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Sen J -
(1.) IN Choti Guwal Toli in INdore, near the Public Motor Stand, there is a hotel known as New Bashir Alam Hotel. One Taslim, victim of this incident was an employee in the said concern. Babu alias Bulbul was also an employee there at the relevant time. As the hotel is in a busy locality, it is open from the very early morning.
(2.) ON 17-7-67, these two employees of the hotel had a quarrel amongst themselves, though not of a very serious type but was sufficient enough for the employer to ask Babu to remain out and keep Taslim in, possibly either for a shelter or to pacify the two heated young men. A few minutes later, say 15 or 20 minutes Taslim went out only to receive a murderous attack with a knife by Babu not far away from the hotel.
The cries of Taslim attracted P. W. 1 Bashir and P. W. 2 Timma. They saw Babu with a knife and Taslim with injury on his chest lying in a pool of blood just on the well. Bashir Ahmad, Timma and Girish Chandra who arrived there, somehow over-powered Babu and took him to the Police and got him arrested. n the mean time however Taslim was taken in that condition to the hospital. F. I. Report was lodged at the Police Station. Police seized the knife, shoe and some wearing apparel. Taslim died on the way to the M. Y. Hospital.
Dr. Mohandas P. W. 4 made the post mortem examination and found a stab wound on the chest of Taslim. According to him Taslim died as a result of shock due to haemorrhage resulting from the injury on his person. According to him the injury was caused by sharp and pointed weapon and was sufficient in the ordinary course of nature to cause death.
(3.) THE prosecution on the above facts challaned Babu alias Bulbul, a young man of 30. After trial he has been found guilty under section 302, I. P. C. and sentenced to death subject to confirmation by this Court. Babu also filed an appeal against his conviction and sentence. This judgment will dispose of both, the Death Reference as well as the appeal.
The defence of Babu is denial that he has caused any stab wound on the chest of the deceased. The prosecution witness beat him on suspicion and falsely implicated him due to enmity. The trial Judge has not accepted this defence and convicted and sentenced him as stated above.;
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