YUNIS ALIAS KARIYA Vs. STATE OF MADHYA PRADESH
LAWS(SC)-2002-12-65
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on
December 10,2002
YUNIS ALIAS KARLYA
Appellant
VERSUS
STATE OF MADHYA PRADESH
Respondents
Cited Judgements :-
STATE OF U P VS. KISHANPAL [LAWS(SC)-2008-8-25] [REFERRED TO]YOGDAMBER SINGH ALIAS DABBU VS. STATE OF UTTARANCHAL [LAWS(UTN)-2005-7-99] [REFERRED TO]
ANTONY VS. STATE [LAWS(MAD)-2019-11-194] [REFERRED TO]
FASAHAT VS. STATE OF U.P. [LAWS(ALL)-2019-12-148] [REFERRED TO]
DHIRENDRA KUMAR ALIAS DHIROO VS. STATE [LAWS(ALL)-2007-11-50] [REFERRED TO]
SADDIK ALIAS LALO GULAM VS. STATE OF GUJARAT [LAWS(GJH)-2008-10-2] [REFERRED TO]
EDIGA JAGANNADHA GOWD VS. STATE OF A P [LAWS(APH)-2004-3-157] [REFERRED TO]
KISHORI PRASAD SINGH VS. SANJIB BAISHYA [LAWS(GAU)-2018-2-85] [REFERRED TO]
Dhanu Napit VS. State of Jharkhand [LAWS(JHAR)-2010-1-61] [REFERRED TO]
MUNAF VS. STATE OF U P [LAWS(ALL)-2009-3-62] [REFERRED TO]
GUMDA GOPE VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-1-158] [REFERRED TO]
BHARAT SONI VS. STATE OF C.G. [LAWS(CHH)-2009-11-58] [REFERRED TO]
SUDHIR YADAV VS. STATE OF BIHAR [LAWS(PAT)-2003-9-142] [REFERRED TO]
SURESH DATTU BHOJANE VS. STATE OF MAHARASHTRA [LAWS(SC)-2024-7-6] [REFERRED TO]
NITYA NAND VS. STATE OF U.P [LAWS(SC)-2024-9-6] [REFERRED TO]
Umesh VS. State of M.P. [LAWS(MPH)-2006-11-97] [REFERRED TO]
LAHU HARISCHANDRA DHOPAT VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-8-164] [REFERRED TO]
ABHEYSINH DAHARIYA RATHWA VS. STATE OF GUJARAT [LAWS(GJH)-2009-8-228] [REFERRED TO]
MULUA VS. THE STATE OF MADHYA PRADESH [LAWS(MPH)-2018-2-181] [REFERRED TO]
SHIV RAM MANDAL VS. STATE OF BIHAR [LAWS(PAT)-2003-8-98] [REFERRED TO]
JAI SHREE YADAV VS. STATE OF UTTAR PRADESH [LAWS(SC)-2004-8-132] [REFERRED TO]
KAILASH YADAV VS. STATE OF U.P. [LAWS(ALL)-2019-3-251] [REFERRED TO]
Basudeo Mahto VS. State of Jharkhand [LAWS(JHAR)-2009-12-183] [REFERRED TO]
MUNNA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2010-1-52] [REFERRED TO]
MANNA LAL VS. STATE OF U P [LAWS(ALL)-2009-5-818] [REFERRED TO]
STATE OF MADHYA PRADESH VS. MAIYADEEN [LAWS(MPH)-2014-9-153] [REFERRED TO]
RAGHUNATH SOREN @ KURORAM VS. STATE OF WEST BENGAL [LAWS(CAL)-2015-2-18] [REFERRED TO]
LAKHAN VS. STATE OF U.P. [LAWS(ALL)-2014-7-88] [REFERRED TO]
MRIGENDRA SINGH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-11-5] [REFERRED TO]
SANGRAM SINGH & OTHERS VS. STATE OF U P [LAWS(ALL)-2018-7-92] [REFERRED TO]
BHARAT SONI VS. STATE OF C.G [LAWS(CHH)-2009-9-35] [REFERRED TO]
VEERAPPAN VS. INSPECTOR OF POLICE KIRUMAMPAKKAM POLICE STATION [LAWS(MAD)-2012-3-53] [REFERRED TO]
ANUP LAL YADAV VS. STATE OF BIHAR [LAWS(SC)-2014-9-88] [REFERRED TO]
MANO DUTT VS. STATE OF U P [LAWS(SC)-2012-2-50] [REFERRED TO]
ADALAT PANDIT VS. STATE OF BIHAR [LAWS(SC)-2010-5-70] [REFERRED TO]
PRASANNA KUMAR AND ANOTHER VS. STATE OF M P [LAWS(MPH)-2017-12-132] [REFERRED TO]
STATE OF GUJARAT VS. ASHOK SHAKTIDAN GADHVI [LAWS(GJH)-2015-4-168] [REFERRED TO]
STATE OF GUJARAT VS. BHARVAD SANGRAMBHAI JAKSHIBHAI AND ORS. [LAWS(GJH)-2016-3-157] [REFERRED TO]
MAIKOO AND OTHERS VS. STATE [LAWS(ALL)-2018-8-125] [REFERRED TO]
RANDHIR SINGH VS. HARI CHAND [LAWS(DLH)-2014-5-417] [REFERRED TO]
RAJURAJKUMAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-11-183] [REFERRED TO]
GURMAIL SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-2022-10-42] [REFERRED TO]
STATE OF MADHYA PRADESH VS. PARAMLAL [LAWS(MPH)-2010-4-111] [REFERRED TO]
STATE OF GOA VS. YATIN TIGADE [LAWS(BOM)-2019-12-142] [REFERRED TO]
Manohar lal VS. State of Uttarakhand [LAWS(UTN)-2009-6-15] [REFERRED TO]
RAVI VS. STATE OF KARNATAKA [LAWS(KAR)-2022-9-944] [REFERRED TO]
MANNU VS. STATE [LAWS(DLH)-2014-4-242] [REFERRED TO]
KAILASH RAM VS. STATE OF BIHAR [LAWS(PAT)-2023-9-49] [REFERRED TO]
STATE VS. LAL BAHADUR [LAWS(DLH)-2008-8-255] [REFERRED TO]
RAM VS. STATE OF UTTARAKHAND [LAWS(ALL)-2008-3-78] [REFERRED TO]
A.P.MUHAMMED VS. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR [LAWS(KER)-2013-1-16] [REFERRED TO]
DERANGULA SRINIVASU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2023-1-60] [REFERRED TO]
SAILESH MAPARI VS. STATE OF GOA [LAWS(BOM)-2007-9-124] [REFERRED TO]
LALA RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2012-9-206] [REFERRED TO]
MANGLA HANSDA VS. STATE OF WEST BENGAL [LAWS(CAL)-2014-4-15] [REFERRED TO]
SOMARAJAN @ SOMAN, S/O GOPALAN AND ORS VS. STATE OF KERALA [LAWS(KER)-2012-12-355] [REFERRED]
JUNED FARUQ HAYAT VS. STATE OF GUJARAT [LAWS(GJH)-2005-12-73] [REFERRED TO]
TAKU ALIAS RANJAN NAG VS. STATE OF W B [LAWS(CAL)-2005-6-10] [REFERRED TO]
LAKHIRAM MAHATO VS. STATE OF JHARKHAND [LAWS(JHAR)-2016-2-160] [REFERRED TO]
RAM PRASAD VS. STATE OF CHHATTISGARH [LAWS(CHH)-2010-5-3] [REFERRED TO]
AWADHESH VS. STATE OF U.P. [LAWS(ALL)-2020-1-150] [REFERRED TO]
JAI SINGH AND OTHERS VS. STATE OF M P [LAWS(MPH)-2018-6-178] [REFERRED TO]
RAMBIR ALIAS RAMU VS. STATE OF DELHI [LAWS(DLH)-2008-5-341] [REFERRED TO]
MANGESH S/O PUROSHATTAM MASKE AND OTHER VS. STATE OF MAHARASTRA [LAWS(BOM)-2016-6-138] [REFERRED TO]
GYARSA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2006-2-7] [REFERRED TO]
HEM SINGH ALIAS HEMU VS. STATE OF HARYANA [LAWS(SC)-2009-5-64] [REFERRED TO]
MANOHAR MUNNA LAL VS. STATE OF UTTARKHAND [LAWS(UTN)-2009-6-1] [REFERRED TO]
RAMESH VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2007-5-6] [REFERRED TO]
BIR SINGH ALIAS BIR NATH SON OF DILE RAM VS. STATE OF HP [LAWS(HPH)-2016-7-25] [REFERRED TO]
VIJAY SHANKAR VS. STATE OF M P [LAWS(MPH)-2009-5-6] [REFERRED TO]
KRISHNA SINGH AND ORS. VS. STATE OF UTTARAKHAND [LAWS(UTN)-2015-9-10] [REFERRED TO]
MADHUBEN VS. STATE OF GUJARAT [LAWS(GJH)-2012-8-302] [REFERRED TO]
ROHIT AND OTHERS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-7-99] [REFERRED TO]
SANDEEP KUMAR VS. STATE OF HARYANA [LAWS(SC)-2023-7-65] [REFERRED TO]
SRI TAPAN MAJUMDER ALIAS PURA VS. STATE OF TRIPURA [LAWS(TRIP)-2019-1-5] [REFERRED TO]
DHIRENDRA KUMAR @ DHIROO VS. STATE [LAWS(UTN)-2007-11-37] [REFERRED TO]
BIRU MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2003-9-124] [REFERRED TO]
JHALLU SINGH & ORS VS. STATE OF M P [LAWS(MPH)-2017-11-212] [REFERRED TO]
GUDDU PANDEY VS. STATE OF U.P. [LAWS(ALL)-2019-11-220] [REFERRED TO]
DIWARI LAL AND ORS. VS. STATE OF U.P. [LAWS(ALL)-2020-5-95] [REFERRED TO]
KHEMI VS. STATE OF U.P. [LAWS(ALL)-2024-2-60] [REFERRED TO]
ISHTIYAK VS. STATE OF U. P. [LAWS(ALL)-2023-8-123] [REFERRED TO]
ISHTIYAK VS. STATE OF U. P. [LAWS(ALL)-2023-8-123] [REFERRED TO]
STATE OF GUJARAT VS. CHHAGAN KARSHANBHAI KARAVADRA [LAWS(GJH)-2017-10-83] [REFERRED TO]
JUDGEMENT
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.
(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.
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