KULSHRESHTHA,J. - (1.)THE above appellants have filed separate appeals against their conviction vide judgment dated 22.8.2005 passed by the learned IV Additional Sessions Judge, Indore in Sessions Trial No.153/ 2003 convicting the appellant Naimuddin under section 302 and section 307 on two counts and appellants Ziyauddin and Riyazuddin under section 302 and 307 (on two counts) read with section 109 of the IPC and sentence' of imprisonment for life and Rs.500/ - under section 302 IPC and seven years on each count under section 307 and fine ofRs.250/ - while Ziyauddin and Riyazuddin have been sentenced to imprisonment for life under section 302/109 and fine of Rs.500/ - seven years rigorous imprisonment on each count under section 307 of the IPC and fine of Rs.250/ - each.
(2.)THE facts of the case lie in a narrow compass. According to the prosecution, on 18.3.2002 at about 7:30 p.m. Ashok Bhavsar had come to the square in Marathi Mohalla where he met Prakash Kadam. He inquired from Prakash Kadam where he was going but at that time there occurred a quarrel between the children of the locality and persons from the surrounding area collected there. Accused Ziyauddin and Riyazuddin were standing behind their house. Resenting that there was a quarrel but the persons who had gathered there were not taking any steps to quell it, accused Ziyauddin and Riyazuddin asked Naimuddin to bring a gun and to finish them. Upon this exhortation, accused Naimuddin came out with a gun in his gallery and aiming the gun at deceased Prakash and the other witnesses present near the place of occurrence, he fired several times. As a result of the firing of the gun, the bullet struck deceased Prakash 1,1/2" above his left eye brow. Naimuddin continued firing the gun which resulted in injury to Dinkar Rao PW7 and Chhatar Singh PW14. The fire of the gun caused affray and people started running helter -skelter.
(3.)ON receipt of the information that Prakash Kadam had succumbed to his injuries and his dead body was brought by his wife Asha and Jagdish, a case of unnatural death under section 174 of the CrPC was registered and inquest was held by the SHO of which Memo EX.P -6 was prepared. PW 13 Constable No .2945 was called to take photographs of the spot and the place where the deceased was lying. Other photographs were also taken. After preparation of the Inquest Memo Ex.P -6, the dead body was sent to the hospital for post -mortem examination. It was identified by the Nephew of the deceased before the Autopsy Surgeon. After conducting the Autopsy Report EX.P -30 was sent by him.