- (1.) M. C. Jain, J. This is a jail appeal filed by the appellant Nasir against the judgment and order dated 14th May, 1997 passed by Sri Lekha Singh, Additional Sessions Judge, Mahoba in Sessions Trial No. 158 of 1995. He has been sentenced to life imprisonment on conviction under Section 302 read with Section 34 IPC for the murder of one Mohd. Murtza. Under order dated 7th August, 2002 Sri C. K. Parekh was appointed as amicus curiae to argue the appeal for him.
(2.) ONE Abid had also been convicted with the present appellant Nasir and sentenced to life imprisonment for the same offence by the same judgment. He did not prefer any appeal. He was summoned from jail before this Court on 7-8-2002 and was informed that he could also send his appeal from jail. However, despite that he did not send any appeal from jail. By our order dated 27-1-2003, in exercise of our suo motu powers we directed that the appeal shall be heard on behalf of accused Abid also so that his conviction and sentence may also be examined in this appeal, though he himself did not prefer any appeal. Sri C. K. Parekh amicus curiae argued the appeal for him as well. We also heard learned A. G. A. Sri Ratan Singh and we propose to decide the appeal in relation to both the convicted persons Nasir and Abid with the discussion that follows: The incident took place on 8-10-1991 at about 7 p. m. in town Kulpahar, P. S. Kulpahar, District Mahoba near the house of Munnu Bahena and, as stated above, Mohd. Murtaza was murdered. The report was lodged by his son of Mohd. Iqbal PW 1 the same day at 8. 35 p. m. He himself was not an eye- witness. As per the FIR the appellant Nasir was inimical to the deceased from before the incident. On the fateful day, his father Mohd. Murtza had returned from Mahoba and from the bus station he was proceeding to his house. As soon as he reached near the house of Munnu Behana (father of Nasir appellant), Nasir armed with Pharsa and Abid armed with axe assaulted him. The incident was witnessed by Mohd. Wazir PW 2 and Sakatoo PW 3. He himself was present at his tobacco workshop and was informed by Mohd. Wazir PW 2. He hurried to the spot and found his father lying in a pool of blood. He was in precarious condition. He took him to the Primary Health Centre wherefrom he took him by jeep to Chhatarpur. His father succumbed to the injuries in Jaitpur. He came with the dead body of his father to the police station and lodged the FIR. A case was registered and investigation followed which was conducted by S. H. O. Ram Singh. Before the conclusion of trial he retired and died as stated by S. I. Raghuraj Singh PW 5 who proved the papers prepared by him during the course of investigation. The post-mortem over the dead body of the deceased was conducted on 9-10-1991 at 11. 45 p. m. by Dr. A. K. Maurya PW 4. The deceased was aged about 54 years and about 3/4 day had passed since he died. The following ante-mortem injuries were found on his person: (1) A chopped wound of size 14 cm x 4 cm x 5 cm transversely placed, semilinear in shape on right side of face, lower edge of wound in undermined, margins and edges clean and deeper tissues evenly divided cutting right mastoid process, right of mandible zygamatic process and maxilla tailing present anteriorly. Right pinna of ear transversely cut middle in depth, blood vessels found cut. (2) A chopped wound of size 10 cm x 3 cm x 6 cm on left upper part of back transversely placed, wing of right scapula cut, margins and edges are clean and deeper, tissues are evenly divided, tailing present right laterally up to medical border of right scapula.
(3.) THE cause of death was shock and haemorrhage due to ante-mortem injuries sustained by him. The prosecution relied on the testimony of Mohd. Iqbal PW 1 and eye-witnesses Mohd. Wazir PW 2 and Sakatoo PW 3.;