Arun Kumar, J. -
(1.)Eight accused persons were charged for offences under Sections 302, 147, 148 and 149 of the Indian Penal Code. Out of the 8 accused persons, 2 had been released on temporary bail on different occasions during trial. They did not surrender and could not be arrested. Therefore, their trial had to be separated. They are Rafique s/o Chand Khan and Aslam alias Mangole s/o Salim. The remaining 6 accused viz. Yunis alias Karri alias Kariya, Ballu alias Abdul Nayeem, Abdul Rauf, Daggi alias Rafique, Liyaquatullah and Mohammad Javid were tried and convicted for offences under Sections 302/149, IPC. Abdul Nayeem one of the accused was also convicted and sentenced to one year rigorous imprisonment under Section 147, IPC while each one of the remaining five was additionally convicted and sentenced to two years rigorous imprisonment. These convictions were as per the judgment of the Sessions Judge, Jabalpur in Sessions Trial No. 274/1985 decided on 3rd December, 1987. The six convicted accused filed appeals against the judgment of the Sessions Court in the High Court of Madhya Pradesh. The High Court was pleased to dismiss all the appeals. These 4 appeals arising from the common judgment of the High Court have been filed by the 4 convicts.
(2.)Briefly, the facts are that on 23-6-1985 at about 6.15 p.m., the complainant Abdul Jabbar s/o Sheikh Munir was going to purchase medicine from Kumar Medical Store, Miloniganj, Jabalpur. As soon as he reached near the shop he heard noise and saw that his nephew Zuber was surrounded by Rafique, Daggi, Yunus alias Karri, Javed, Mangole, Liyaquat, Rauf Kunjda and Ballu alias Nayeem. These accused persons were armed with Gupti, Chhuris (knives), Sword, Baka etc. etc. One of them Rauf Kunjda had a bomb. The other accused Rafique who had a Gupti in his hands gave two blows with the Gupti on the chest of Zuber while Liyaquat inflicted a knife blow on the left side of the waist. One of them inflicted a sword blow which Zuber tried to stop with his hand which resulted in the injury on his little finger of the right hand, a portion whereof was chopped off. Zuber shouted and started running but he was stopped by Ballu (Nayeem) and Rauf Kunjda when Daggi inflicted a knife blow on the left side of the back of the buttock. On hearing the noise Saleem Quadir, Sharif and other persons collected. On seeing them, the accused persons left Zuber and ran away. Zuber was bleeding profusely and he was taken in a Rickshaw to the Victoria Hospital where he died soon thereafter. According to the prosecution case, Zuber died on account of injury received by him at the hands of the accused persons. FIR (Ex. P.10) was lodged by Abdul Jabbar. Inquest (P.13) was held, thereafter the autopsy was conducted on the body of Zuber by Dr. D. K. Sakalley (P.W. 14). Zuber was aged about 18 years. Dr. Sakalley gave details of injuries suffered by the deceased which are as under :
"(i) Stab wound, 2 c.m. long, oblique with clean cut margins and pointed ends situated on right side of chest, 6 c.m. above right nipple. The width was 1/2 c.m., wound was elliptical in shape. The wound was going slightly upwards and laterally, in the muscles of chest up 7 c.m. depth, but not penetrating the thoracic cage. The wound was gradually diminishing in dimentions and track was filled with clotted sticky blood. The wound was slightly in-wards also;
(ii) Stab wound, transverse, situated on left side of chest, 15 c.m. below medical end of clavicle, 21/2 c.m. left to mid-line on pericardial area, elliptical, 2 c.m. x 1/2 c.m., lower marging shows slight beveling underneath 5th rib costal cartilage is cut; the direction of wound is inwards slightly upwards and medially. On further exploration, there is slit like cut in pericardium, clots of blood present. In pericardial cavity also, about 10 c.c. of blood with clots were present. There was a transverse cut in the track of anterior wall of right ventricle of heart near upper margine in whole thickness, which is 0.3 c.m. It is not penetrating the post side. This injury to heart is 0.8 c.m. Broad with clean-cut margins and pointed ends. Up to this level, depth is 9 c.m.
(iii) Incised wound on lateral side of base of right little finger extending to postero lateral aspect also oblique, 2 c.m. x 1/2 c.m. x 1/2 c.m."
(3.)According to Dr. Sakalley these injuries were anti-mortem and could be caused by sharp-edged weapons. The cause of death was injury to the heart. During investigation the weapons of offence were seized including a country-made bomb recovered from Abdul Rauf. The seized articles were got examined through the Chemical Examiner and the Serologist, Calcutta.